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Bombay High Court

GST Appeal Rejection Invalid as Bombay HC Allows Pre-Deposit Later to Ensure Merits Hearing

April 14, 2026 705 Views 0 comment Print

The issue was rejection of a GST appeal for non-payment of pre-deposit. The Court held that the appellant must be given an opportunity to deposit and have the appeal decided on merits.

Bank Account Attachment Quashed as Six-Month Section 110(5) Limit Expired Without Extension

April 14, 2026 438 Views 0 comment Print

The Court held that provisional attachment under Section 110(5) lapses after six months if not extended. It ruled that failure to pass a timely extension order renders the attachment invalid.

Export Duty Refund alowable Despite Time Bar as Fresh Claim Permitted Under CGST: Bombay HC

April 14, 2026 450 Views 0 comment Print

The court addressed whether exporters can recover duty paid despite time-barred rebate claims. It held that a fresh application under Section 142(3) can be filed to seek re-credit or refund of excess duty.

Bombay HC Quashes Notices Since Issue Already Decided in Prior Cases

April 14, 2026 180 Views 0 comment Print

The Court quashed all notices and orders as the matter was identical to earlier decisions. It ruled that consistency with precedent requires setting aside such proceedings.

GST Order Quashed as it was Passed Before Scheduled Hearing Date: Bombay HC

April 10, 2026 630 Views 0 comment Print

The Court set aside the GST order as it was issued before the date fixed for hearing, denying the petitioner an opportunity to respond. The ruling highlights the importance of adhering to procedural timelines.

GST SCN Invalid if Multiple Years Combined in Single Proceedings: Bombay HC

April 10, 2026 1197 Views 0 comment Print

The case examined validity of a show cause notice covering several years. The court held that GST law requires year-wise assessment, making such consolidated notices invalid.

ITC Refund Denial on ‘Intermediary’ Ground Set Aside; Matter Remanded: Bombay HC

April 7, 2026 615 Views 0 comment Print

The court set aside denial of ITC refund based on intermediary classification without proper examination. It remanded the matter for fresh adjudication considering agreements and legal precedents.

Writ not entertained since alternative remedy of approaching NCLAT available

April 6, 2026 447 Views 0 comment Print

Bombay High Court held that writ petition cannot be entertained in the face of availability of alternative remedy of approaching the NCLAT since claim of violation of principles of natural justice not established. Accordingly, writ petition dismissed.

Share Gains Treated as Capital Gains Due to Consistent Treatment

April 4, 2026 417 Views 0 comment Print

The issue was whether share transactions constituted business income or capital gains. The Court upheld investor status based on consistent treatment and factual findings, dismissing the Revenue’s appeal.

GST Credit Ledger Unblocked Due to Expiry of Statutory One-Year Restriction Period

April 4, 2026 732 Views 0 comment Print

The Court examined whether authorities can continue blocking ITC beyond the statutory period. It held that restrictions automatically lapse after one year under Rule 86A(3). The blocking was set aside as it exceeded the permissible duration.

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