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Bombay High Court

GST Registration Cannot Be Cancelled on Grounds not Mentioned in SCN: HC

September 13, 2023 852 Views 0 comment Print

In-depth analysis of Bombay High Court’s ruling in the C.P. Pandey & Co vs Commissioner of State Tax case concerning GST registration cancellation.

HC Disposes GST Appeal as Officer Withdraws non-jurisdictional Section 83 Order

September 12, 2023 924 Views 0 comment Print

Saket Agarwal Vs Union of India (Bombay High Court) Introduction: In a significant decision, the Bombay High Court has clarified the jurisdictional boundaries concerning Section 83 of the Maharashtra State Goods and Services Tax Act, 2017 (MGST Act). In the case of Saket Agarwal Vs Union of India, the court found that the State Tax […]

No Section 54/54F Exemption for Property in Adopted Son’s Name

September 12, 2023 2970 Views 0 comment Print

Explore the Bombay High Court’s ruling in Prakash vs ITO on Section 54/54F exemption for property sales. This case involves the deceased assessee, Timaji Dhanjode, who sold agricultural lands and faced challenges regarding capital gains tax and exemptions.

Recovery from Director Without Due Process Invalid: Bombay HC

September 12, 2023 4428 Views 0 comment Print

Manjula D. Rita Vs PCIT (Bombay High Court) Introduction: In a significant legal decision, the Bombay High Court has ruled on the case of Manjula D. Rita vs. PCIT, addressing the issue of tax recovery from a deceased director of a company. The court’s verdict emphasized the importance of due process and evidence in such […]

Attachment of bank account and detention of goods without duty demand unjustified

September 11, 2023 948 Views 0 comment Print

Bombay High Court held that attachment of saving bank account and detention of goods in absence of duty demand without service of notice is also without jurisdiction and without any authority of law.

Payment of 10% of value of exempted goods not enforceable after proportionate reversal of Cenvat Credit

September 11, 2023 612 Views 0 comment Print

Bombay High Court held that even if the assessee has failed to maintain a separate account it was entitled to reverse proportionate Cenvat Credit. The option of paying an amount equal to 10% of the value of exempted goods could not have been enforced on the assessee.

Reassessment can be initiated only on approval from specified authority & should not be based on change of opinion

September 9, 2023 4143 Views 0 comment Print

Exploring Siemens Financial Services vs DCIT Bombay High Court case that clarified role of specified authority in reassessment approvals and impermissibility of changes in opinion.

Disallowance of part of commission payment as business expenditure unjustified

September 6, 2023 1407 Views 0 comment Print

Bombay High Court held that AO and the Tribunal have allowed part of the commission payment as business expenditure. However, disallowance of part of commission payment as business expenditure unjustified.

Dismissal of appeal by Tribunal without hearing matter on merits unjustified

September 5, 2023 819 Views 0 comment Print

Bombay High Court held that dismissal of appeal without hearing the case on merits merely on the ground that matter is remanded back by Commissioner (A) unjustified as remand was only for limited purpose of re-quantification of customs duty.

Filing of refund claim u/s 27 after one year of date of excess duty payment is barred by limitation

September 3, 2023 2619 Views 0 comment Print

Bombay High Court held that filing of refund application u/s. 27 of the Customs Act after more than two years of date on which excess duty payment was done is clearly beyond the period of one year as contemplated by the Customs Act and hence is barred by limitation.

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