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Bombay High Court

Recorded reasons for reopening can neither be improved nor substituted by an affidavit

February 20, 2023 759 Views 0 comment Print

Bombay High Court held that issue of reopening of assessment has to be tested only on the basis of the reasons recorded, which reasons can neither be improved upon nor substituted by an affidavit or oral submissions.

Order of reprimand uphold as provisions of section 21 of CA Act, duly complied & member found guilty

February 19, 2023 3933 Views 0 comment Print

Bombay High Court held that provisions of section 21 of the Chartered Accountant Act 1949 duly complied and respondent found guilty. Accordingly held that order of reprimand of the respondent will serve th e ends of justice.

Validity of Notice Issued on Secondary E-Mail Id despite having Primary E-Mail Id

February 18, 2023 5427 Views 0 comment Print

Notice Issued on Secondary E-Mail Id Despite Having Primary E-Mail Id and Email Id Mentioned in the Last Filed ITR is Liable to be Quashed- Bombay High Court

Declarant subjected to audit as on 30th June 2019 is ineligible to avail benefit of SVLDR Scheme

February 18, 2023 705 Views 0 comment Print

Bombay High Court held that declarant making voluntary disclosure for availing benefit of SVLDR Scheme is ineligible for applying under the scheme if it was subjected to audit as on 30th June 2019.

SVLDR Scheme 2019 – Completion of Investigation not must for Eligibility

February 18, 2023 594 Views 0 comment Print

Petitioner submitted that it is not in dispute that the Petitioner falls in the category of case under Section 125(1)(f)(i) of Finance Act as on 30 June 2019, there was no enquiry/investigation pending against the Petitioner and at the most the same could be as initiated by way of notice dated 28 August 2019 by the Deputy Commissioner (Anti Evasion) CGST, Belapur.

Reassessment proceedings becomes null & void if no valid service of section 148 notice

February 17, 2023 5865 Views 0 comment Print

If there is no valid service of notice under section 148, the reassessment proceedings are null and void. service of notice under section 148 is a condition precedent for making reassessment or re-computation under section 147 of the Act.

Court directed the Customs department to facilitate online amendment of shipping bill

February 17, 2023 16086 Views 0 comment Print

Bombay High Court directed customs department to come up with the solution to allow online amendment of shipping bill. So that transmitted amended shipping bill can be duly processed by DGFT.

Dept admits system error in ITR processing & agreed to rectify mistake of 4.57 Crore

February 16, 2023 1602 Views 0 comment Print

It has been admitted that income of Rs.4,57,18,304/- and tax determined thereupon at Rs.87,48,804/-was due to a system error which was in process of being rectified. It is also stated that the Faceless Assessing Officer in fact has assessed income at Rs.1,920/-

Notice issued to non-existent company after its amalgamation is not valid under Income Tax

February 16, 2023 2805 Views 0 comment Print

HC set aside Section 148 notice, order of assessment and consequential demand and penalty notice, as same was issued in the name of a non-existent company, on account of its amalgamation.

Once SVLDRS-2 issued, department cannot renege on the same

February 13, 2023 1449 Views 0 comment Print

Bombay High Court held that once SVLDRS-2 issued and follow up action taken by the department, authorities cannot renege on the same when rejection of SVLDRS-1 not communicated to the applicant.

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