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Bombay High Court

GST regime is not tax friendly, observes Bombay High Court

February 6, 2018 3219 Views 1 comment Print

A tax like Goods and Services Tax was highly publicised and termed as popular. We had yet not seen a celebration of New Tax regime, but that has followed with great hue and cry. These celebrations mean nothing.

GST regime is not tax friendly & GST Website must provide easy access to Taxpayer: Bombay HC

February 6, 2018 16311 Views 9 comments Print

A tax like Goods and Services Tax was highly publicised and termed as popular. We had yet not seen a celebration of New Tax regime, but that has followed with great hue and cry. These celebrations mean nothing. The special sessions of Parliament or special or extraordinary meetings of Council would mean nothing to the assessees unless they obtain easy access to the website and portals.

Existence of agreement between two jurisdictional Commissioners is a condition precedent for passing case transfer order U/s. 127(2)

January 29, 2018 1476 Views 0 comment Print

On 19th September 2017, notice for final disposal at admission stage was issued. Accordingly, today, we have taken up the writ petition for final hearing. The Commissioner of Income Tax, Mumbai issued notice dated 18th April 2017 to the petitioner taking recourse to subsection 2 of Section 127 of the Income Tax Act, 1961

Sanction for issuing a reopening notice cannot be mechanical

January 28, 2018 1647 Views 0 comment Print

It is a settled principle of law that sanction granted by the higher Authority for issuing of a reopening notice has to be on due application of mind. It cannot be an mechanical approval without examining the proposal sent by the Assessing Officer.

VAT Tribunal: CA or Commissioner cannot be appointed unless they have expertise

January 28, 2018 2535 Views 0 comment Print

Sales Tax Tribunal Bar Association vs. State of Maharashtra (Bombay High Court) The Apex Court observed that the participation by persons from other specified fields would be a positive consideration for achievement of the object of the said Act of 2005. However, the Apex Court observed that the requirement of a judicial mind for manning […]

Section 80IA(5) Only losses of years beginning from initial A.Y. alone are to be brought forward

January 28, 2018 8700 Views 0 comment Print

Only losses of the years beginning from the initial assessment year are to be brought forward for set-off against profits of the eligible unit. Losses of earlier years which are already set off against income cannot be brought forward notionally for set-off. The fiction in s. 80-IA(5) is created only for a limited purpose and cannot be extended

Doctrine of Revenue Neutrality Applicable when Assessee gets no benefit by not reversing cenvat credit on inputs

January 24, 2018 9969 Views 0 comment Print

By these Appeals under Section 35G of the Central Excise Act, 1944 (hereinafter referred to as, the said Act), the assessee is challenging the final order dated 21st July, 2015 of the Customs, Excise and Service Tax Appellate Tribunal, Mumbai (CESTAT). After hearing both sides, we are of the view that the Appeals raise substantial questions of law.

Validity of differential Stamp duty on Instruments executed outside Maharashtra under Bombay Stamp Act, 1958

January 9, 2018 22989 Views 0 comment Print

The Indian Hume Pipe Co. Ltd. Vs. State of Maharashtra (Bombay High Court)  The bench noted that, in the present case, the deed is used in the State of Maharashtra for registering a charge by lodging a verified copy of the deed in the office of the Registrar of Companies in accordance with sections 125 […]

Obligation to collect TCS cannot be extended to Octroi: HC

January 6, 2018 6849 Views 0 comment Print

Section 206C(1C) of the Act only obliges a person to collect tax from its agents/licensee who collects a toll on its behalf. The obligation to collect tax under Section 206C(1C) of the Act cannot be extended to collection of octroi.

Mere addition to declared income during assessment proceedings would not ipso facto lead to imposition of penalty

January 5, 2018 2736 Views 0 comment Print

Assessee is not absolved of penalty because the additional income has been declared to buy peace. It must follow therefore that the above strategy (buy peace) by itself will not justify imposition of penalty, unless the requirement of the section under which the penalty is imposed are satisfied.

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