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Bombay High Court

Reopening notice u/s. 148 issued after surviving period is time-barred and hence set aside

December 17, 2025 1002 Views 0 comment Print

Bombay High Court held that reopening of assessment by issuance of notice under section 148 of the Income Tax Act issued much after the surviving period is barred by limitation. Accordingly, notices are set aside and petition is allowed.

No Section 153A Addition if no Incriminating Material Found in Search: Bombay HC

December 17, 2025 543 Views 0 comment Print

The Bombay High Court held that additions under Section 153A cannot be made for completed assessments when no incriminating material is found during search. Post-search documents like base notes are insufficient to justify additions.

GST Registration Cancellation does not nullify tax liabilities for prior periods: Bombay HC

December 17, 2025 1509 Views 0 comment Print

The Bombay High Court ruled that cancellation of GST registration does not nullify tax liabilities for prior periods, but the matter was remitted for a hearing after the petitioners were initially denied the opportunity.

GST Refund Allowed as Services to foreign entities Qualify as Export, Not Intermediary Supply

December 17, 2025 1575 Views 0 comment Print

Bombay High Court held that services provided to foreign entities qualify as export of services and are not intermediary services, allowing GST refund subject to receipt of foreign currency.

Technical Glitch in Payment Differentiates SVLDRS Cases from Financial Delay Cases

December 16, 2025 372 Views 0 comment Print

The Bombay High Court held that delays caused by genuine technical glitches do not invalidate SVLDRS benefits, distinguishing cases of financial incapacity.

Section 153A cannot apply to years without incriminating material: Bombay HC

December 16, 2025 492 Views 0 comment Print

The Bombay High Court held that Section 153A cannot apply to years without incriminating material, reinforcing the principle that tax additions require concrete evidence.

Assessment barred by limitation as court order doesn’t contain any finding/ direction as contemplated u/s. 153(6)

December 16, 2025 360 Views 0 comment Print

Bombay High Court held that this court order doesn’t contain any ‘finding’ or ‘direction’ as contemplated by provisions of section 153(6) and consequently no order of assessment could be passed in view of bar of limitation in section 153(1) of the Income Tax Act.

Excise SCNs Cannot Be Adjudicated After Prolonged Delay Despite Pending SC Case

December 16, 2025 486 Views 0 comment Print

The Court held that inordinate delay of 8–9 years in adjudicating show cause notices violates principles of fairness and cannot be allowed to prejudice the assessee.

Bombay HC Quashed Reassessment Notices Due to Invalid Sanction Under Wrong Provision

December 16, 2025 723 Views 0 comment Print

Bombay HC held that reassessment notices issued with sanction under an incorrect statutory provision are invalid, leading to quashing of notices, assessments, and consequential demands.

Writ Petition Dismissed for Availability of Statutory Appeal Remedy under GST Law

December 15, 2025 444 Views 0 comment Print

The High Court declined to entertain a writ challenging a GST order, holding that no exceptional case was made out to bypass the appellate remedy. The ruling reiterates the principle of exhausting statutory appeals before invoking writ jurisdiction.

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