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Bombay High Court

Stay Application Rejected Without Reasons Set Aside as Non-Speaking Order by Bombay HC

December 22, 2025 627 Views 0 comment Print

The Court quashed a stay rejection that contained no reasoning or findings. The matter was remanded for fresh consideration with directions to pass a speaking order.

Reopening of Assessment Invalid Where Investor Not Linked to Alleged Sham Transactions

December 18, 2025 1185 Views 0 comment Print

The High Court quashed reassessment notices holding that mere receipt of dividends and capital loss does not establish sham transactions. Allegations against fund managers cannot automatically implicate investors.

GST Registration Cancellation Upheld Due to Contradictory Statements & Lack of Proof

December 18, 2025 795 Views 0 comment Print

The court upheld GST cancellation after finding inconsistent affidavits and no supporting evidence of business activity. Mere allegations of procedural lapse without prejudice were held insufficient.

Section 10A Deduction Allowed as New STP Unit Not Formed by Splitting Up: Bombay HC

December 17, 2025 345 Views 0 comment Print

HC upheld Section 10A deduction after finding that STP unit was a new undertaking with fresh investment and infrastructure. It ruled that unit was not formed by splitting up or reconstruction of an existing business.

Reopening notice u/s. 148 issued after surviving period is time-barred and hence set aside

December 17, 2025 1248 Views 0 comment Print

Bombay High Court held that reopening of assessment by issuance of notice under section 148 of the Income Tax Act issued much after the surviving period is barred by limitation. Accordingly, notices are set aside and petition is allowed.

No Section 153A Addition if no Incriminating Material Found in Search: Bombay HC

December 17, 2025 639 Views 0 comment Print

The Bombay High Court held that additions under Section 153A cannot be made for completed assessments when no incriminating material is found during search. Post-search documents like base notes are insufficient to justify additions.

GST Registration Cancellation does not nullify tax liabilities for prior periods: Bombay HC

December 17, 2025 1635 Views 0 comment Print

The Bombay High Court ruled that cancellation of GST registration does not nullify tax liabilities for prior periods, but the matter was remitted for a hearing after the petitioners were initially denied the opportunity.

GST Refund Allowed as Services to foreign entities Qualify as Export, Not Intermediary Supply

December 17, 2025 1929 Views 0 comment Print

Bombay High Court held that services provided to foreign entities qualify as export of services and are not intermediary services, allowing GST refund subject to receipt of foreign currency.

Technical Glitch in Payment Differentiates SVLDRS Cases from Financial Delay Cases

December 16, 2025 486 Views 0 comment Print

The Bombay High Court held that delays caused by genuine technical glitches do not invalidate SVLDRS benefits, distinguishing cases of financial incapacity.

Section 153A cannot apply to years without incriminating material: Bombay HC

December 16, 2025 615 Views 0 comment Print

The Bombay High Court held that Section 153A cannot apply to years without incriminating material, reinforcing the principle that tax additions require concrete evidence.

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