The Court held that failure to pass a speaking order after remand violates statutory obligations and frustrates appellate remedies, directing authorities to decide the matter within a fixed timeline.
Bombay High Court held that in terms of section 5(1) read with Section 5(3) of the Prevention of Money Laundering Act, 2002 [PMLA] Provisional Attachment Order ceases to have any effect after 180 days.
The High Court set aside an order rejecting release of seized jewellery after finding it was passed by an officer who lacked jurisdiction. The application was directed to be reconsidered by the proper assessing authority.
The High Court held that the tax department cannot deny set-off of short-term capital loss when the same claim was accepted in factually identical connected cases. Consistency in tax treatment was upheld.
The Bombay High Court held that vague allegations of natural justice violations cannot justify skipping the appellate remedy under the Customs Act.
The issue before the Court was whether a bare approval lacking application of mind could sustain proceedings under Section 153C. The Court held that mechanical approval vitiates the proceedings, reaffirming that valid approval is a mandatory jurisdictional requirement.
The Bombay High Court stayed the entire tax demand after finding that authorities taxed gross receipts without deducting expenditure. The ruling reiterates that only real income can be brought to tax.
The court examined whether delay in filing a revised return caused by an audit reporting mistake and COVID-19 disruption should be condoned. It held that the explanation was bona fide and directed authorities to process the revised return afresh.
The case examined whether ITC can be blocked beyond the balance available in the electronic credit ledger under Rule 86A. The court held that such negative blocking is impermissible and restricted the blockage to the actual ledger balance.
The court set aside a rectification order passed without a DIN and beyond the statutory time limit. The ruling underscores that non-compliance with CBDT DIN rules renders such orders invalid.
