The Court stayed a Tribunal order allowing redemption of confiscated gold while examining whether the Tribunal had jurisdiction under the Customs Act. The ruling highlights the need to address key legal questions before relief is granted.
The Court held that a Section 148 notice issued by the Jurisdictional Assessing Officer instead of the Faceless Assessing Officer was invalid. It ruled that mandatory faceless procedures apply even in international taxation matters.
The Bombay High Court condoned a 338-day delay in filing Form No. 10 for income accumulation under Section 11(2), holding that genuine hardship justified relaxation of procedural deadlines.
The Court held that Rule 86A can be applied only to ITC actually available in the Electronic Credit Ledger on the date of the blocking order. The decision sets aside the blocking and directs restoration of credit recovered under the invalid order.
The Court held that Section 161 cannot be invoked to amend a show cause notice and found the rectification request to be a delaying tactic. It ruled that alleged errors must be raised in the response to the notice.
Bombay High Court held that full set-off not admissible under Rule 41D of the Bombay Sales Tax Rules, set-off available after reducing 6% of purchase price under Rule 41D(3)(a), on furnace oil used in manufacture of goods partly sold locally and partly transferred to branches outside the State.
The Court condoned a 31-day delay in filing Form 10B after finding the reasons bona fide and linked to COVID-19 disruptions. It set aside the rejection order and directed reprocessing of the return with exemption benefits.
The Court held that no disallowance under Section 14A can be made when exempt income is not earned in the relevant year. It upheld the Tribunal’s decision and dismissed the revenue’s appeal.
The Bombay High Court ruled that authorities cannot raise tax demands after a resolution plan’s approval under IBC, setting aside the order as without jurisdiction.
The Bombay High Court held that communication of an ITAT order to a Chartered Accountant does not constitute service on the assessee, condoning a 40-day delay in filing appeal.
