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Bombay High Court

HC releases Vehicle seized by Custom Authorities on furnishing of Bond

February 5, 2021 5067 Views 0 comment Print

Haresh S. Bhanushali Vs Union of India and Ors. (Bombay High Court) There is a clear distinction between the conveyance used to transport the seized goods and the action of the importer which will be the subject matter of investigation. Both the issues relate to two different parties. On perusal of the extracts of statements […]

Full Unconditional Stay of Demand Granted Where Addition on Third Party Statement was Without Cross Examination

February 4, 2021 3468 Views 0 comment Print

Dilipkumar P. Chheda Vs ITO (Bombay High Court) In so far the present case is concerned, here also the additions have been made primarily on the basis of the statement made by Shri. Nilesh Bharani and also on the basis of certain entries in the telephone diary. However, we find from the materials on record […]

Cera Audit of Private Entity Not Permitted In GST

January 29, 2021 15618 Views 0 comment Print

Kiran Gems Private Limited Vs Union of India and Ors. (Bombay High Court) Petitioner submitted that the Central Goods and Services Tax Act, 2017 has no provision empowering CERA to conduct audit of the petitioner’s records also merits acceptance. Brief perusal of the annexure to the impugned communication reveals that detailed audit of the petitioner’s […]

Bombay HC: Stayed Service Tax demand notice issued to CA based on ITR

January 27, 2021 22719 Views 2 comments Print

Bombay High Court in Amrish Rameshchandra Shah v. the Union of India & stayed show cause-cum-demand notice issued to a CA in a Writ Petition challenging service tax demand based on ITR data and issued notice to the Revenue Department.

Bank Account cannot be continued to be freezed after Expiration of Limitation Period

January 19, 2021 4059 Views 0 comment Print

But the moot question raised in the writ petition is whether a provisional attachment of bank account can be continued beyond the period of one year?

Reassess Customs Duty on Bills of Entry- HC directs Custom Authorities

January 18, 2021 13602 Views 1 comment Print

Dimension Data India Private Ltd. Vs Commissioner of Customs And Anr. (Bombay High Court) The expression “mistake” appearing in section 154 of the Customs Act may be defined as something done unintendedly or through inadvertence. The section itself says that the error in any decision or order should be due to any accidental slip or […]

Fake GST invoice: White collar offences more serious than offences like murder, dacoity etc.

January 15, 2021 2625 Views 0 comment Print

Tejas Pravin Dugad Vs Union of India (Bombay High Court) The Petitioners are directors of M/s. Ganraj Ispat Private Limited company and the company is registered under the provisions of the Central Goods and Services Tax Act, 2017 (GST Laws) (the Act). It has registered office at Supa, District Nagar, Maharashtra. One Tushar Munot, sole […]

Bombay HC grants interim Stay to Advocate on GST notices

January 12, 2021 11994 Views 0 comment Print

Sanjiv Madhusudan Shah Vs Assistant Commissioner of Central and Service Tax and Ors. (Bombay High Court) Challenge made in this writ petition is to the notice to show cause cum demand issued by the Assistant Commissioner of Central Goods and Services Tax (CGST), Mumbai West dated 28.12.2020 seeking to levy service tax upon the petitioner […]

HC stays cancellation of GST Registration of Sahara Hospitality

January 11, 2021 2733 Views 0 comment Print

Sahara Hospitality Limited Vs State Of Maharashtra And Others (Bombay High Court) Heard Mr. Gautam Ankhad, learned counsel along with Mr. Patkar, learned counsel for the petitioner; and Ms. Chavan, learned AGP for the respondents. 2. By filing this petition under Article 226 of the Constitution of India, petitioner has assailed legality and validity of […]

Sale of items by claiming miraculous or supernatural powers via advertisement on TV channels was illegal

January 5, 2021 1578 Views 0 comment Print

Advertisements on TV channels which were propagating that there were special, miraculous and supernatural properties/qualities in Hanuman Chalisa Yantra were illegal  and such propagation, advertisement falls under Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.

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