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Bombay High Court

AO Cannot Conduct Fresh Assessment After Amalgamation When Section 170A(2)(a) Applies

April 14, 2026 339 Views 0 comment Print

The issue involved whether fresh scrutiny could be initiated after filing a modified return under Section 170A. The Court held that where assessment is already completed, the AO can only modify income to give effect to reorganisation. 

Excise Appeal Dismissed as Time-Barred Due to Delay Beyond Statutory Section 35 Limit

April 14, 2026 111 Views 0 comment Print

The judgment clarifies that subsequent departmental communications do not extend limitation periods. The appeal must be filed against the original order within statutory timelines.

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

April 14, 2026 282 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 159 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 156 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 69 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 228 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 714 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 297 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 174 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.

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