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Bombay High Court

HC upholds rejection of application for condonation of delay in Filing ITR filed after 16 years

September 1, 2023 1773 Views 0 comment Print

A detailed analysis of the Bombay High Court’s verdict in Mathuradas Narandas & Sons Forwarders Ltd. vs. CBDT, highlighting the significance of timely ITR filing.

Satellite derived 3D model services – OIDAR or Export of Services?

August 31, 2023 750 Views 0 comment Print

Globolive 3D Private Limited Vs Union of India (Bombay High Court) Introduction: The Bombay High Court recently delved into a significant issue concerning the nature of Satellite derived 3D model services. The core matter revolved around whether such services should be categorized as Online Information Database Access or Retrieval (OIDAR) services or considered as an […]

Writ Maintainable for Authority’s Jurisdictional Error & Violation of Natural Justice

August 31, 2023 1413 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that writ under Article 226 would be maintainable if the Order has been passed beyond the Show Cause Notice as the action of an authority is wholly without jurisdiction and contrary to the principles of natural justice and in such case the Petitioners should not be relegated to an alternative remedy.

Reopening after 4 years invalid if AO fails to Establish Assessee’s Failure to Disclose Material Facts

August 29, 2023 549 Views 0 comment Print

Analysis of Bombay HC ruling in Naroli Resorts vs ACIT on reopening tax assessment after four years. Did the assessee disclose all material facts?

Royalty for technology use should be aggregated with other international transactions in manufacturing segment

August 23, 2023 1005 Views 0 comment Print

Bombay High Court held that the transaction of payment of royalty for use of technology is inextricably linked with manufacturing activity and should be aggregated with other international transactions in the manufacturing segment for the purposes of benchmarking the same 

Validity of circular 80/10/2004-ST not examined as notice issued on same matter be adjudicated by designated officer

August 20, 2023 387 Views 0 comment Print

Bombay High Court held that validity of circular no. 80/10/2004-ST dated 17 September 2004 cannot be examined vide the present petition as the same is already subject matter of contention in the show cause notice issued to one of the petitioner’s member M/s. Transocean Offshore International Ventures Ltd. and hence designated officer will adjudicate the same.

Assistant Commissioner has no authority to alter findings of higher authority

August 19, 2023 2268 Views 0 comment Print

HC set aside order passed by Assistant Commissioner and held that revenue officers are required to follow principles of judicial discipline and accordingly are bound by decisions of Appellate Authority.

Writ petition which is simplicitor for a money claim is not maintainable

August 16, 2023 1998 Views 0 comment Print

Bombay High Court held that Writ Petition under Article 226 of the Constitution which is simplicitor for a money claim is not maintainable. Accordingly, present writ relating to recovery of excess charges paid towards excise supervisory staff is also not maintainable.

Reopening of assessment based on incorrect facts or conclusions cannot be sustained

August 14, 2023 4761 Views 0 comment Print

Bombay High Court held that if the reasons for re-opening the assessment are based on incorrect facts or conclusions, the notice issued under section 148 of the income Tax Act for re-opening cannot be sustained.

Demand stayed as review petition pending before Supreme Court

August 10, 2023 2721 Views 0 comment Print

Bombay High Court granted the stay on customs demand on account of pending of the review petition before the Supreme Court in the case of Canon India Pvt. Ltd.

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