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Bombay High Court

Section 80IB(10) deduction cannot be disallowed for whole project for violation in few units

December 1, 2020 3516 Views 0 comment Print

Kamat Constructions Pvt. Ltd. Vs ACIT (Bombay High Court) In this case the Assessing Officer (AO) vide Order dated 31.01.2014 disallowed deductions to the assessee under Section 80IB(10) of the Income Tax Act, 1961 (said Act) in respect of its housing project “Kamat Riviera” inter alia on the ground that 4 out of the 60 […]

Adjudication of Show-Cause Notices after 13 years is untenable in law: Bombay HC

November 26, 2020 13956 Views 1 comment Print

Bombay High Court held that, the commencement of adjudication proceedings after inordinate delay of 13 years post-issuance of Show Cause Notices is untenable in law and any consequential decision or order based on such adjudication proceeding is therefore, held to be invalid.

Banks eligible to avail CENVAT Credit on Deposit Insurance Services

November 26, 2020 885 Views 0 comment Print

The insurance service provided by the Deposit Insurance Corporation to the banks is an ‘input service’ and CENVAT credit of service tax paid for this service received by the banks from the Deposit Insurance Corporation can be availed by the banks for rendering ‘output services’.

Consider afresh declaration under SVLDRS 2019 & grant consequential relief: HC directs Designated Committee

November 26, 2020 978 Views 0 comment Print

G. R. Palle Electricals Vs Union of India & Ors. (Bombay High Court) As has been held by us in Thought Blurb Vs. Union of India, decided on 27.10.2020, the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 is a beneficial one with the prime object of unloading the baggage of pending litigations centering around service […]

HC directs Designated Committee to consider Assessee SVLDR Scheme declaration as valid

November 26, 2020 1116 Views 0 comment Print

While considering a declaration seeking amnesty under the scheme; the approach should be to ensure that the scheme was successful and therefore a liberal view embedded with the principles of natural justice was called for. Thus, rejection of the declaration of assessee by the Designated Committee was not justified. Accordingly, the consequential relief was granted in terms of the scheme after giving an opportunity of hearing to assessee, who shall be informed about the date, time, and place of the hearing.

Income under Project completion method taxable only in year of project completion

November 22, 2020 3702 Views 0 comment Print

CIT Vs Jalaram Jagruti Development Pvt. Ltd. (Bombay High Court) It was held by ITAT that receipts in question cannot be brought to tax in A.Y. 2003-04 to 2005-06. These receipts have already been accounted for in the books of account and  can be taxed only in the year in which project is complete as […]

Bombay HC extends all interim orders till 22.12.2020

November 6, 2020 2037 Views 0 comment Print

High Court on Its Own Motion Vs State of Maharashtra (Bombay High Court) 1. Although the situation in the State of Maharashtra because of the pandemic has improved over the last few days, access to the courts of law is yet not free. To ensure that persons suffering orders of dispossession, demolition, eviction, etc., passed […]

Revenue to establish proximate relationship between expenditure & exempt income for section 14A disallowance

November 6, 2020 1383 Views 0 comment Print

CIT Vs Sociedade De Fomento Industrial Pvt. Ltd (Bombay High Court) Here, on facts, the Tribunal noted that the AO only discussed the provisions of section 14A(l) but has not justified how the expenditure the Assessee incurred during the relevant year related to the income not forming part of its total income. The AO, according […]

Input tax credit denial merely on technical grounds not justified

November 5, 2020 6234 Views 1 comment Print

Heritage Lifestyles and Developers And Pvt. Ltd. Vs. Union of India (Bombay High Court) This is a case, where admittedly Petitioner could not file GST TRAN-1 on or before 27.12.2017 but had manually applied for GST TRAN-1 on 7.5.2018 as per Circular dated 03.04.2018 within the timeline as per the date extended by this Court. […]

Goods can be seized if proper officer has reason to believe that such goods are liable to confiscation

November 5, 2020 2220 Views 0 comment Print

Mumbai Fabrics P. Ltd. Vs Union of India and Ors. (Bombay High Court) Question for consideration is whether the seized goods imported by the petitioner are old and used rubber tyres reusable as tyres or are old and used rubber tyres scrap being in pressed baled form? Evidently there is a dispute between the petitioner […]

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