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Bombay High Court

Duty Free Shops at International Airport exempt from GST: HC

October 10, 2019 6783 Views 0 comment Print

Sandeep Patil Vs Union of India and Others (Bombay High Court) The impugned show cause notices allege that the goods imported by the petitioner from outside India into the special warehouse would constitute import of goods under the proviso to section 7(2) of the IGST Act, and thereby, liability of payment of tax under the […]

Converting written play into dramas is not a commercial activity for section 12AA registration

October 9, 2019 651 Views 0 comment Print

CIT (E) Vs Kanakia Art Foundation (Bombay High Court) We have perused the objects of the trust with a special focus on the objects which the Commissioner has referred to for holding that they are not charitable in nature. The Commissioner has referred to clause (f) of the objects but reproduced only part of it […]

Reassessment without disposing of assessee’s objections by separate order makes jurisdiction of AO ultra-vires in law

October 2, 2019 8262 Views 0 comment Print

Since AO had purported to assume the jurisdiction for reopening of assessment, without having first disposed of assessees objections to the reasons by passing a speaking order, therefore, failure to follow the procedure renders the assumption of jurisdiction by AO ultra vires in law.

Director Bank Account Attachment for default in MVAT Payment by Public Company is unjustified

September 15, 2019 5730 Views 0 comment Print

Girdhari Lal Lath Vs. State of Maharashtra & Ors. (Bombay High Court) Since Sub Section (6) of Section 44 of the MVAT Act is subject to the Companies Act, 2013 the definitions and distinctions laid down in the Companies Act, 2013 vis-a-vis public company and private company would be applicable to Section 44(6) of the […]

Revenue should ensure that it is properly represented by appointing meritorious Advocates: HC

September 15, 2019 1953 Views 0 comment Print

CIT­ Vs M/s. TCL India Holdings Pvt. Ltd. (Bombay High Court) Hon’ble High Court Observed that The issues which arise before this Court have at times huge tax implications and as the decision rendered in one case would have a bearing on all similar matters across the State, the importance of proper appointment is paramount. […]

HC to ITAT: Mention citation and no general observations in order

September 13, 2019 1428 Views 0 comment Print

Pr. CIT Vs M/s. M. J. Exports Pvt. Ltd. (Bombay High Court) HC held that impugned order of the Tribunal after recording that the issue stands covered by various decisions of the Supreme Court and the various High Courts cases observes ‘admittedly, there are contrary decisions where it is held that interest paid on delayed […]

GST not payable on damages/compensation paid for a legal injury

September 13, 2019 20805 Views 0 comment Print

Bai Mamubai Trust Vs Suchitra (Bombay High Court) In the present case, where the Plaintiff has made out a strong prima facie case and the Defendant has not been able to demonstrate any semblance of right to occupy the Suit Premises, it cannot be said that the Defendant’s occupation pursuant to an Order of the […]

No GST Leviable on Services Provided by Court Receiver

September 13, 2019 10734 Views 1 comment Print

Bai Mumbai Trust Vs Suchitra (Bombay High Court) Issue raised whether GST is applicable on services or assistance rendered by the Court receiver appointed by the Court under order XL of CPC. Court observed that schedule III provides that services provided by any court or tribunal established under any law is neither a supply of […]

Loan Waiver due to one time settlement cannot be termed as revenue receipt

September 11, 2019 2913 Views 0 comment Print

In the given case, Revenue has challenged the order passed by the ITAT. Here issue under consideration is that, whether, waiver off loan on account by the lender on account of one time settlement of loan can be termed as revenue receipt or not?

TPO could not assume jurisdiction to determine ALP of a SDT not reported to him

September 11, 2019 2184 Views 0 comment Print

Times Global Broadcasting Company Ltd Vs Union of India & Ors. (Bombay High Court) It is indisputable that by virtue of sub-sections (2A) and (2B) of Section 92CA, in case of an international transaction, the TPO would have an authority to examine any international transaction which comes to his notice during the proceedings, whether a […]

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