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Bombay High Court

Writ challenging Advance Ruling order dismissed due to lack of jurisdiction

January 5, 2023 675 Views 0 comment Print

Bombay High Court held that conversion of limited enquiry of classification of goods in respect of Advance Rulings into an appellate enquiry is not permissible to be undertaken in writ jurisdiction.

Exercising power under Article 226 unjustified as remedy available before Debt Recovery Tribunal

January 5, 2023 1041 Views 0 comment Print

Bombay High Court held that exercise of power under Article 226 untenable as remedy before Debt Recovery Tribunal available to the petitioner challenging forfeiture of earnest money deposit.

Bail granted as arrest memo didn’t contain gist of alleged offence

January 5, 2023 2139 Views 0 comment Print

Bombay High Court held that as arrest memo needs to contain the gist of offence alleged to have been committed Absence of the same, makes arrest memo bereft of necessary particulars. Accordingly, bail granted to the applicant.

HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016

January 2, 2023 750 Views 0 comment Print

Brightcareer Consultancy Services Pvt. Ltd. Vs Union of India (Bombay High Court) HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016 1. The petitioner in the present case, apart from challenging the constitutional validity of the provisions of the Benami Transactions (Prohibition) Amendment Act, 2016, has also challenged the […]

HC quashed order rejecting GST refund without serving relevant notice to petitioner

January 1, 2023 759 Views 0 comment Print

Adisan Laboratories Pvt. Ltd. Vs Union of India (Bombay High Court) The Petitioners have challenged the order passed by the Assistant Commissioner, Central Tax, Pune -1 Commissionerate, Pune dated 31 May 2022 rejecting the claim of the Petitioners for refund due to account of Input Tax Credit accumulated due to inverted duty structure. The procedure […]

HC directs to decide on application for compounding of offence related to TDS

January 1, 2023 942 Views 0 comment Print

Hemant Nevandram Lalwani Vs ITO (TDS) (Bombay High Court) 1. A complaint u/s. 276B, r/w. section 278B of the Income Tax Act, 1961, relevant to the Financial Year 2016-17, has been filed and is pending before the Court of learned Additional Chief Metropolitan Magistrate’s 38th Court at Mumbai. The said complaint has been filed against […]

Pendency of Rectification application – Immunity from prosecution & penalty – HC grants interim relief

December 31, 2022 2751 Views 0 comment Print

Kusharaj Madhav Bhandary Vs ITO (Bombay High Court) It is the case of the Petitioner that the Order of the assessment was passed on 30 March 2022, in which a demand was raised against the Petitioner. The said Order of assessment was not challenged by the Petitioner. With a view to seek benefit of immunity […]

Mere incorrect claim based on full disclosures cannot be reassessed after four years

December 31, 2022 1464 Views 0 comment Print

AO could have taxed the accrued income or re-opened the assessment within four years. A mere incorrect claim based on full disclosures cannot be reassessed after four years by invoking sections 147 and 148 of the IT act.

There is limited scope of challenging order of settlement commission

December 31, 2022 2688 Views 0 comment Print

Bombay High Court held that there is limited scope of challenging the order of the settlement commission. Order of settlement commission cannot be challenged as if the order passed under an ordinary adversarial adjudication or as if the appellate power is being exercised.

Octroi refund available once eligibility u/s 194(2) of MMC Act established

December 30, 2022 810 Views 0 comment Print

Bombay High Court held that once the eligibility of complying with the provisions of section 194(2) of the Mumbai Municipal Corporation Act is established, the Octroi Inspector is duty-bound in law to issue-certify such declaration to the Petitioner. However failure to provide a declaration of duty certified by the octroi officer would not render the Petitioner ineligible for a refund of octroi paid.

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