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Bombay High Court

Holding of goods without order of seizure/ confiscation is without authority of law

September 2, 2020 4485 Views 0 comment Print

Ganesh Benzoplast Ltd. Vs Union of India (Bombay High Court) Facts- Government made standard marking of IS 252:2013 mandatory on caustic soda from 03.04.2018. Consignment containing caustic soda was imported by the petitioner vide bill of entry dated 01.11.2018. BIS licence was issued vide licence dated 30.09.2019. It was alleged that the said import was […]

Emails being to taxpayers for payment of interest are mere intimations & not orders

August 24, 2020 1707 Views 0 comment Print

This office is conscious of the procedure required to be followed by it to recover and will initiate the recovery proceeding with issuance of show cause notice, working of interest calculation and further actions as per provision of law. There is no intention of this office to directly recover interest under Section 50 of the CGST / MGST Act, 2017.

Bogus GST ITC- HC rejects bail to prevent Tampering of Evidence

August 18, 2020 2064 Views 0 comment Print

Mr. Ashok Kumar Vs Commissioner CGST & Central Excise (Bombay High Court) Taking into consideration, the facts of the case, though the officers under the CGST Act, cannot seek custody of the arrested persons for completing the investigation, respondent’s contention that applicant’s detention in custody is necessary to prevent him from causing the evidence of […]

Section 143(2) Notice in Dead Person Name is unsustainable in Law

August 15, 2020 5124 Views 0 comment Print

Sumit Balkrishna Gupta Vs ACIT (Bombay High Court) The issue under consideration is whether the issuing of a notice u/s 143(2) in the name of the wrong person is sustainable in law? High Court states that it is a fact that the petitioner had filed return for the assessment year 2016-17 in the name of […]

Compensation paid to Earlier Buyer to Cancel Agreement is Deductible Expenses u/s 48 for Capital Gains

July 29, 2020 4203 Views 0 comment Print

The issue under consideration is Whether compensation paid to earlier buyer to cancel the agreement is deductible expenditure u/s 48 for calculation of Capital Gains?

Assessment cannot be Reopened based on data already disclosed in scrutiny assessment

July 28, 2020 3414 Views 0 comment Print

Gateway Leasing Pvt. Ltd. Vs ACIT (Bombay High Court) The issue under consideration is whether the re-opening of the assessment u/s 147 is justified in law? In the present case, after referring to the information received following search and seizure action carried out in the premises of Shri Naresh Jain, it was stated that information […]

No section 195 TDS on Charges for Services for issuance of GDR

July 25, 2020 2424 Views 0 comment Print

The issue under consideration is whether the services in relation to issuance of GDRs are covered under the provisions of Section 9(i)(vii) and whether the same liable for TDS under the provisions of Section 195 of the Act?

HC confirms presumption of investments out of interest-free funds

July 24, 2020 2478 Views 0 comment Print

The issue under consideration is whether the addition made by AO u/s 14A with respect of Interest free funds is justified in law?

Section 234B & 234C Interest on Book Profit Not Justified

July 12, 2020 5688 Views 0 comment Print

The issue under consideration is whether the charge of interest under sections 234B and 234C on the book profit was not justified?

Section 69C- No addition on mere Sales Tax Department information

July 12, 2020 4029 Views 0 comment Print

The issue under consideration is whether the Tribunal  was  justified in holding that provisions of section 69C of the Income Tax Act, 1961 are not applicable for assessee?

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