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Bombay High Court

Allow to amend TRAN-1 (CENVAT credit) if mistake is bonafide

October 31, 2018 4233 Views 0 comment Print

OEN India Ltd. Vs Union of India & Others (Bombay High Court) HC directs Petitioners to file representation to CBIC. This representation would be considered by the CBIC for verification and the bona fides of the claim made by the Petitioners. If satisfied, Petitioners would be allowed to amend the Trans­1 form to reflect the […]

S. 276(C)(1) During pendency of stay application criminal prosecution should not be launched

October 29, 2018 1149 Views 0 comment Print

Ramchandran Ananthan Pothi Vs UOI and Ors. (Bombay High Court) In the event, the petitioner seeks a stay of the order passed by the Assessment Officer by making a stay application, then, during the pendency of such application, the criminal prosecution Section 276(C)(1) of the Income  Tax Act 1961 should not be launched and, if it has been already launched, the same shall not proceed. […]

TDS certificates U/s. Section 197 r.w. Rule 28AA can be issued only by concerned official

October 29, 2018 1776 Views 0 comment Print

TLG India Private Limited Vs JCIT (Bombay High Court) It is stated that the impugned communications / certificates, copies of which are annexed to the Writ Petition as Annexures-T and U are withdrawn. The concerned official will now issue fresh certificates in accordance with law. While we allow withdrawal of these certificates and impugned in […]

Bring Some Order & Discipline in Granting Refunds: Bombay HC directs CBDT

October 29, 2018 771 Views 0 comment Print

Needless to clarify that in the absence of a clear policy, the Courts may then impose interest on the quantum of refund generated either by virtue of Court orders or by virtue of substantive proceedings arising out of refund applications. Either-way, it is the Revenue who would have to pay interest on the delayed refund and as such rates determined by the Court.

AO cannot ask for even 20% of Disputed Tax till disposal of appeal by CIT-A

October 28, 2018 18837 Views 0 comment Print

Bhupendra Murji Shah Vs. DCIT (Bombay High Court) We are not concerned here with the Circular of the Central Board of Direct Taxes. We are not concerned here also with the power conferred in the Assessing Officer of collection and recovery by coercive means. All that we are worried about is the understanding of this […]

IGST Refund: HC allows modifications in GSTR-1 & GSTR-3B

October 22, 2018 4062 Views 0 comment Print

Star Rays Vs Union of India (Bombay High Court) 1. This petition under Article 226 of the Constitution of India seeks a refund of integrated goods and service tax paid in respect of the goods which have been exported. The refund short is aggregates to an amount of Rs.8.42 crores and covers the period from […]

Advocate cannot seek Salary details of client’s Husband under RTI

October 22, 2018 3468 Views 0 comment Print

Rajesh Ramchandra Kidile Vs Maharashtra State Information (Bombay High Court, Nagpur Bench) Perusal of this application shows that the salary slips for the period mentioned in the application have been sought for by the Advocate. As rightly submitted by the learned counsel for the petitioner, the salary slips contain such details as deductions made from […]

Penalty cannot be levied if claim was as per judicial precedents

October 21, 2018 3453 Views 0 comment Print

PCIT Vs. Dhariwal Industries Ltd (Bombay High Court) Mr Tejveer Singh, learned counsel appearing on behalf of the Revenue, relied upon a decision of the Division Bench of this Court in the case of Principal CIT-2 v/s Shree Gopal Housing and Plantation Corporation, Mumbai in Income Tax Appeal No.701 of 2015 decided on 6th February, […]

Allow manual filing of revised TRAN-1, ITC-01 & GSTR-3B: HC

October 19, 2018 5217 Views 0 comment Print

Indusind Media Communications Ltd. and Anr. Vs Union Of India (Bombay High Court) In view of the above, the undisputed position before us is that the Petitioners are entitled to distribute the Input Credit available with it as on 1st July 2017 amongst its branches/locations. This distribution has not been possible on account of technical problems of the Respondents. Further the […]

File tax appeals before the bench allotted to district where dispute arose

October 19, 2018 654 Views 0 comment Print

Dixons Cargo Consolidators Pvt. Ltd. Vs Commissioner Of Customs (High Court Bombay) The impugned orders passed by the Tribunal in excise appeals before us relate to and arise out of disputes relating to manufacture of excisable goods which have taken place at Nagpur. Therefore, the Excise Appeal Nos. 28 of 2017 and 105 of 2017 before […]

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