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Bombay High Court

HC directs to unfreeze demat accounts of petitioners with immediate effect

February 17, 2021 4884 Views 1 comment Print

We may mention that demat accounts of the petitioners have been frozen for non-payment of annual listing fee which has been quantified at Rs.14,16,000/- for the period from 2015-16 to 2019-20. Against the freezing of demat accounts, petitioners preferred appeal before the Securities Appellate Tribunal.

SVLDRS, 2019 benefit cannot be rejected for difference & amount admitted & Quantified

February 17, 2021 1047 Views 0 comment Print

Sabareesh Pallikere Vs Jurisdictional Designated Committee (Bombay High Court) In so far the present case is concerned, we may refer to the first statement of the petitioner recorded on 06.07.2018. In this statement, he categorically admitted that the total service tax liability of the petitioner for the period 2013-14 to 2017-18 (upto June, 2017) would […]

HC directs DC to consider second declaration under SVLDR as afresh & valid declaration

February 16, 2021 693 Views 0 comment Print

Heard Mr. Jas Sanghavi, learned counsel for the petitioners and Mr. Sham Walve along with Mr. Ram Ochani, learned counsel for the respondents.

Bombay HC explains authorisation of arrest by GST Commissioner

February 15, 2021 3918 Views 0 comment Print

We had noticed that the Commissioner may authorize arrest of a person only if he has reasons to believe that such a person has committed any offence under the clauses mentioned therein.

No denial of SVLDR benefit when liability was confirmed in writing & acknowledged by declarant before designated date

February 13, 2021 666 Views 0 comment Print

Bhoomi Developers Vs Union Of India & Ors. (High Court Bombay) Issue raised in the present writ petition i.e. eligibility of the petitioner or maintainability of its declaration to avail the benefits of the scheme under the category of investigation, enquiry or audit on the ground that amount of the service tax dues of the […]

Financial Leasing Services: Service Tax on interest on loan prior to 01.03.2006?

February 12, 2021 2604 Views 0 comment Print

Commissioner of CGST & Central Excise Vs Shriram Transport Finance Company Ltd. (Bombay High Court) Whether for the period prior to 01.03.2006, service tax is recoverable on entire interest component collected as equated monthly installments on transactions relating to ‘Financial Leasing Services including equipment leasing and hire-purchase’, in absence of any mechanism to bifurcate the […]

SVLDR Scheme: Statement by Director during enquiry was admission of liability

February 12, 2021 696 Views 0 comment Print

Sabka Vishwas (LDR) Scheme – Statement by Director during enquiry is admission of liability: The Bombay High Court has reiterated that for eligibility under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, the quantification need not be on completion of investigation by issuing show-cause notice or the amount that may be determined upon adjudication before the cut-off date.

GST: HC conditionally lift provisional attachment of petitioner’s share in escrow A/c

February 9, 2021 1710 Views 0 comment Print

We direct that until decision is taken on the objection filed by the petitioners by respondent No.2, petitioner No.1 shall maintain a balance of Rs. 5,00,000.00 in the escrow account out of the share belonging to the petitioner No.1. In effect, we lift the provisional attachment in so far as petitioner No. 1’s share in the escrow account is concerned subject to maintaining credit balance of Rs. 5,00,000.00 by petitioner No. 1 out of its share and direct that respondent No.4 would be at liberty to transfer / remit the proportionate amount due to petitioner No. 1 to the account of petitioner No.1 and maintain balance of Rs. 5,00,000.00 till the aforementioned decision is taken.

HC refuses anticipatory Bail in ‘Bitcoin’ Fraud Case

February 8, 2021 2058 Views 0 comment Print

If it is proved by the applicant accused that his health condition is not good then I do not intend to arrest the applicant accused subject to his cooperation in investigation on following points – i)  If the applicant accused is ready to share all the credential of crypto wallet and relevant information. ii)  If the applicant accused is ready to deposit Rs.1,25,32,691.00 (Liability of the applicant accused) to the Hon’ble Court. iii) If the applicant accused is ready to submit his property details, bank account, mail credentials.

HC refuses bail in case of alleged Fake ITC exceeding Rs. 5 Crore

February 8, 2021 2415 Views 0 comment Print

Where Input Tax Credit (ITC) had been wrongly availed exceeds Rs.5 crores it would amount to a cognizable and non-bailable offense and the offence was punishable with imprisonment for a term, which could extend to five years and with fine under section 132 (1) (i) of the CGST Act.

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