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Bombay High Court

Income Tax illegally levied must be refunded: Bombay High Court

September 14, 2023 939 Views 0 comment Print

Bombay High Court held that subject to doctrine of unjust enrichment, the taxes illegally levied must be refunded.

AO doesn’t have jurisdiction to assess/re-assess unabated assessment u/s. 153C without any incriminating material

September 14, 2023 1509 Views 0 comment Print

Bombay High Court held that jurisdiction to assess/ reassess u/s 153C of the Income Tax Act in respect of unabated/ completed assessments without any incriminating material found during the search unjustified.

GST Registration Cannot Be Cancelled on Grounds not Mentioned in SCN: HC

September 13, 2023 774 Views 0 comment Print

In-depth analysis of Bombay High Court’s ruling in the C.P. Pandey & Co vs Commissioner of State Tax case concerning GST registration cancellation.

HC Disposes GST Appeal as Officer Withdraws non-jurisdictional Section 83 Order

September 12, 2023 843 Views 0 comment Print

Saket Agarwal Vs Union of India (Bombay High Court) Introduction: In a significant decision, the Bombay High Court has clarified the jurisdictional boundaries concerning Section 83 of the Maharashtra State Goods and Services Tax Act, 2017 (MGST Act). In the case of Saket Agarwal Vs Union of India, the court found that the State Tax […]

No Section 54/54F Exemption for Property in Adopted Son’s Name

September 12, 2023 2388 Views 0 comment Print

Explore the Bombay High Court’s ruling in Prakash vs ITO on Section 54/54F exemption for property sales. This case involves the deceased assessee, Timaji Dhanjode, who sold agricultural lands and faced challenges regarding capital gains tax and exemptions.

Recovery from Director Without Due Process Invalid: Bombay HC

September 12, 2023 4353 Views 0 comment Print

Manjula D. Rita Vs PCIT (Bombay High Court) Introduction: In a significant legal decision, the Bombay High Court has ruled on the case of Manjula D. Rita vs. PCIT, addressing the issue of tax recovery from a deceased director of a company. The court’s verdict emphasized the importance of due process and evidence in such […]

Attachment of bank account and detention of goods without duty demand unjustified

September 11, 2023 801 Views 0 comment Print

Bombay High Court held that attachment of saving bank account and detention of goods in absence of duty demand without service of notice is also without jurisdiction and without any authority of law.

Payment of 10% of value of exempted goods not enforceable after proportionate reversal of Cenvat Credit

September 11, 2023 501 Views 0 comment Print

Bombay High Court held that even if the assessee has failed to maintain a separate account it was entitled to reverse proportionate Cenvat Credit. The option of paying an amount equal to 10% of the value of exempted goods could not have been enforced on the assessee.

Reassessment can be initiated only on approval from specified authority & should not be based on change of opinion

September 9, 2023 3627 Views 0 comment Print

Exploring Siemens Financial Services vs DCIT Bombay High Court case that clarified role of specified authority in reassessment approvals and impermissibility of changes in opinion.

Disallowance of part of commission payment as business expenditure unjustified

September 6, 2023 1113 Views 0 comment Print

Bombay High Court held that AO and the Tribunal have allowed part of the commission payment as business expenditure. However, disallowance of part of commission payment as business expenditure unjustified.

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