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Bombay High Court

Bombay HC on Section 148 notices issued after 31st March, 2021

July 6, 2021 27597 Views 1 comment Print

Tata Communications Transformation Services Limited Vs ACIT (Bombay High Court) 1. Mr. Jehangir Mistri, learned Senior Advocate appearing for petitioner vehemently contends that the impugned notice under section 148 of Income Tax Act, 1961 in the present matter issued on 21/05/2021 is absolutely untenable on various grounds. He submits several provisions of the Income Tax […]

Constitutionality of section 13(8)(b) of IGST Act, 2017 | Bombay HC

June 17, 2021 14589 Views 0 comment Print

Dharmendra M. Jani Vs Union of India And Others (Bombay High Court) GST – Constitutionality of section 13(8)(b) of the Integrated Goods and Services Tax Act, 2017 – While as per the opinion of Justice Ujjal Bhuyan the provision of section 13(8)(b) of the Integrated Goods and Services Tax Act, 2017 related to Itermediary Services […]

No market value could be ascribed for valuation of seized gold/assets for Wealth Tax

June 16, 2021 2052 Views 0 comment Print

mere legal ownership will not be enough to fasten liability on the assessee in respect of the market value of the seized assets even though the said seized assets belong to the assessee. The Court held that on the valuation date the right of the assessee was in jeopardy and therefore having regard to the definition of net wealth and asset as appearing in Section 2(e) of the Wealth-tax Act, the Wealth-tax Officer was not justified in estimating the value of such asset.

GST: Validity of Section 13(8)(B) ‘Intermediary Service’ – HC Judges Differs

June 10, 2021 14328 Views 0 comment Print

Dharmendra M. Jani Vs Union of India and others (Bombay High Court) Vide this petition challenge made in this writ petition is to the constitutionality of section 13(8)(b) and section 8(2) of the Integrated Goods and Services Tax Act, 2017. Justice Ujjal Bhuyan while coming to the judgment of the Gujarat High Court in Material […]

HC stays section 148 notice for violation of new provisions effective from 1st April 2021

June 9, 2021 23502 Views 3 comments Print

Armada D1 Pte. Ltd. Vs DCIT (Bombay High Court) Notice under Section 148 stayed by Bombay High Court in view of conflict between new Income Tax Provisions for reopening of Assessment with Old Provisions On 3rd June Bombay High Court has stayed the operation of Notice under Section 148 dated 7th April 2021 for Assessment […]

Order not in adherence to principles of natural justice- HC kept in abeyance

June 8, 2021 1068 Views 0 comment Print

Parag Kishorchandra Shah Vs The National Faceless Assessment Center & Ors. (Bombay High Court) In this case, the Honourable Bombay High Court has directed to keep the impugned assessment order for the AY 2018-19 in abeyance till the next hearing date holding that prima-facie the assessment order has been passed without giving a proper opportunity […]

Faceless Assessment without hearing: HC Stays Order, Demand & Penalty

June 8, 2021 1509 Views 0 comment Print

Raja Builders Vs National Faceless Assessment Centre & Ors. (Bombay High Court) In this case, the show-cause notice dated 20th April 2021 along with a draft assessment order had been issued to the petitioner requiring showing cause as to why the assessment should not be completed in terms of the draft assessment order. The said […]

HC stays faceless assessment order pass outwith providing opportunity of hearing

June 8, 2021 1047 Views 0 comment Print

Suresh Kumar Lakhotia Vs National e-Assessment Centre & Ors. (Bombay High Court) In this case, the Petitioner has contended that there are a lot of glitches in the operation of the E-assessment Scheme. Pursuant to the said Scheme, by show-cause notice dated 23rd April 2021, a draft assessment order had been issued to Petitioner requiring […]

HC grants interim stay on assessment order on the ground of not hearing

June 8, 2021 1536 Views 0 comment Print

Shelf Drilling Offshore Services (India) Pvt. Ltd. Vs DCIT (Bombay High Court) In this case, The Hon’ble Bombay High Court has granted an interim stay on an assessment order passed under the faceless assessment regime on the ground of not hearing and has further remarked that there are a lot of glitches in the operation […]

Powers conferred to President of ITAT in transfer of live appeals from outside the headquarters

June 1, 2021 2001 Views 0 comment Print

MSPL Ltd Vs PCIT (Bombay High Court) Is the President of ITAT immune from transferring live appeals from one bench of the ITAT to the other bench outside the headquarters? The Hon’ble Bombay High Court in a very recent judgement has decided the bar on the transfer of live appeals from one bench of the […]

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