The Bombay High Court ruled that the Assessing Officer’s steps under Section 148A, taken despite a continuing stay order, were illegal and directed refund adjustment amounts to be deposited in court.
Bombay High Court set aside the Section 148 notice, reiterating that only the Faceless Assessing Officer possesses the statutory power to issue it. The ruling was based on the binding precedent of the Hexaware Technologies Ltd. decision.
Bombay High Court holds that a GST Show Cause Notice (SCN) served on an old, non-authorized email address constitutes invalid service. The SCN for FY 2020-21 was deemed prima facie time-barred, leading to a stay on the resulting order.
High Court directs Central GST to consider the jurisdictional bar under Section 6(2)(b) before adjudicating years already finalized by State GST Authorities.
Bombay High Court allowed Aarti Drugs Limited’s petition, ruling that repeal of CGST Rule 96(10) in October 2024 invalidated all pending proceedings, including impugned SCN and Order-in-Original. judgment applied precedent from Hikal Ltd. on lapsing effect of repeal.
Bombay High Court set aside the Order-in-Original dated April 20, 2024, finding a patent failure of natural justice as no hearing was granted after the SCN was issued.
Bombay High Court held that assessee couldn’t be put to considerable disadvantage due to belated advice given by CA. Further, in case delay is not condoned, grave hardship will be suffered as genuine losses will not be permitted to be carried forward. Accordingly, delay in filing return condoned.
Bombay High Court ruled that transferring a taxpayer’s case is unnecessary when assessment for relevant year has already been finalized, quashing earlier impugned order.
The High Court held that a later Supreme Court judgment cannot justify invoking Section 254(2) to modify an ITAT order passed according to the prevailing law.
The Bombay High Court held that when sales are accepted, entire bogus purchases cannot be added; only profit difference is taxable in the case of traders.
