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Bombay High Court

Bank guarantee demand justifiable based on Special Valuation Branch report

December 30, 2022 1335 Views 0 comment Print

Bombay High Court held that insisting on bank guarantees for differential duty justifiable based on finding of SVB (Special Valuation Branch) that petitioner is undervaluing its import from related party.

HC refuses to exercise it’s writ jurisdiction to condone delay in filing of appeal

December 29, 2022 1923 Views 0 comment Print

Once proceedings are barred by limitation under a statue the legislative mandate cannot be overcome by issuing a writ under Article 226 of Constitution of India contrary to legislative mandate.

Deduction u/s 80IB(10) available as residential unit’s area is less than 1000 sq. ft.

December 27, 2022 1905 Views 0 comment Print

Bombay High Court held that revenue failed to establish that the area of residential units was more than 1000 sq. ft. accordingly deduction under section 80IB(10) of the Income Tax Act duly available.

HC allows transition of CENVAT Credit by Input Service Distributor (ISD)

December 26, 2022 3603 Views 0 comment Print

Explore Apar Industries vs Union of India case in Bombay High Court. Petition on transition and distribution of CENVAT Credit. Key details and court directives.

Refund of IGST & Duty drawback cannot be withheld for pending investigation

December 26, 2022 1170 Views 0 comment Print

R. K. Copper and Alloy LLP Vs Union of India (Bombay High Court) Applications for refund of IGST and duty drawback on export of Goods. However, on the ground that some investigation is pending, the applications were not processed. The Hon’ble High Court referred to Circular dated 23/01/2020, Press release dated 29/10/2017 and Circular No. […]

HC upheld reassessment proceedings as assessee filed his returns late

December 25, 2022 4275 Views 0 comment Print

Hede Ferrominas Pvt. Ltd Vs ACIT  (Bombay High Court) Firstly, the Petitioner did not bother to file any returns during Assessment Year 2015-16. Secondly, the Petitioner did not bother to file any response to the notice dated 27.03.2021 seeking to reopen the assessment within the time limit allowed to the Petitioner. The Petitioner filed returns […]

Penalty for compounding of offence under Goa VAT – HC order fresh hearing

December 25, 2022 1005 Views 0 comment Print

Shekhar P. Vernekar Vs Commissioner of State Tax (Bombay High Court at Goa) 1. I have heard learned Counsel for the petitioner on this petition which assails an order dated 30 July 2021 passed under Section 53 of the Goa Value Added Tax Act, 2005 read with Rule 55 of the Rules whereby Commissioner of […]

HC allows GST TRAN-1 filing related to distribution and eligibility of ISD Credit

December 25, 2022 3069 Views 0 comment Print

Nuvoco Vistas Corporation Ltd. Vs Union of India and Ors (Bombay high Court) The present petition has been filed in relation to the procedural difficulties/objections raised with regard to distribution and eligibility of Input Service Distributor (ISD) credit of Service Tax under Section 140 of the CGST Act 2017. It is petitioner’s case is that […]

HC set aside Ex parte order passed without granting reasonable time

December 24, 2022 1917 Views 0 comment Print

Action on the part of the Respondents in not issuing notice granting reasonable time to the Petitioner to remain present and passing ex parte Order is passed in gross violation of principle of natural justice.

HC directs dept to consider representation to rectify place of supply in GSTR-1

December 24, 2022 2307 Views 0 comment Print

Petitioner seeks an order and direction against to it to rectify inadvertent mistake in mentioning incorrect place of supply in Form GSTR1

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