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Bombay High Court

No GSTIN Cancellation Without Proof of Fraudulent ITC Involvement & Independent Verification

April 16, 2026 801 Views 0 comment Print

The Court held that GSTIN cannot be cancelled solely based on supplier irregularities without examining the taxpayer’s transactions. The matter was remanded due to absence of independent findings.

Mechanical Issue of Reassessment Notices Invalid as Lack of Application of Mind Established

April 16, 2026 408 Views 0 comment Print

The case examined whether a modified return could be scrutinized again after assessment. The ruling clarified that once assessment is completed considering reorganisation, further scrutiny is impermissible.

Bombay HC Stays GST Levy on Development Rights Due to Pending Legal Challenge

April 16, 2026 783 Views 0 comment Print

The Court granted interim relief in a petition challenging GST under RCM on development rights. It recognized the issue as already under judicial scrutiny in a similar case.

Bombay HC Grants Stay on GST Notification Due to Similar Pending Issue

April 16, 2026 450 Views 0 comment Print

The Court granted interim relief as the issue matched an earlier pending case. It ensured consistency in judicial approach and protected the taxpayer.

Bombay HC Condones Form 10B Filing Delay Due to CA’s Unawareness of New Online System

April 16, 2026 909 Views 0 comment Print

The Court condoned a 687-day delay in filing Form 10B, accepting the explanation of unintentional oversight in online filing. It held that denial of exemption due to such delay would be unjust, especially for a charitable trust.

ITR Delay Due to Cancer Treatment Accepted, Court Directs ITBA Portal Access for Filing

April 16, 2026 519 Views 0 comment Print

The Court held that serious medical conditions justified delay in filing a revised return. It directed reopening of the ITBA portal to enable compliance while allowing scrutiny on merits.

Bombay HC Quashed Section 153C Proceedings Due to Delay in Recording Satisfaction Note

April 15, 2026 525 Views 0 comment Print

The Court held that a 21-month delay in recording the satisfaction note violates the requirement of immediacy. It ruled that such delay renders proceedings time-barred and invalid.

IGST Refund Rejection Set Aside Due to Lack of Findings on Nature of Export of Services

April 14, 2026 717 Views 0 comment Print

The issue involved denial of refund on the ground that services were intermediary in nature. The Court held that absence of findings on the agreement and nature of services invalidated the order. The matter was remanded for fresh adjudication with proper analysis.

AO Cannot Conduct Fresh Assessment After Amalgamation When Section 170A(2)(a) Applies

April 14, 2026 753 Views 0 comment Print

The issue involved whether fresh scrutiny could be initiated after filing a modified return under Section 170A. The Court held that where assessment is already completed, the AO can only modify income to give effect to reorganisation. 

Excise Appeal Dismissed as Time-Barred Due to Delay Beyond Statutory Section 35 Limit

April 14, 2026 309 Views 0 comment Print

The judgment clarifies that subsequent departmental communications do not extend limitation periods. The appeal must be filed against the original order within statutory timelines.

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