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Bombay High Court

Reopening Based on IDS Disclosure Invalid: Bombay HC Slams Revenue for “Abuse of Power”

October 27, 2025 657 Views 0 comment Print

Bombay High Court quashed reassessment proceedings initiated using data from a valid IDS declaration, holding that once accepted under the Income Disclosure Scheme, the Revenue cannot revisit or reassess the same income.

GST Credit Ledger Cannot Be Blocked Without Recorded Reasons: Bombay HC

October 24, 2025 9198 Views 0 comment Print

The Bombay High Court ruled that blocking a GST electronic credit ledger under Rule 86A without stating “reason to believe” and offering a timely post-decisional hearing violates natural justice.

Bombay HC Orders Interest on Refunded Unconstitutional IGST on Ocean Freight

October 24, 2025 1008 Views 0 comment Print

Bombay High Court directed the government to pay ₹71.31 lakh interest on IGST illegally collected on ocean freight, ruling that denial violated the principle of unjust enrichment.

Prosecution for Late self-assessment tax Payment Not Maintainable Without Willful Evasion: Bombay HC

October 24, 2025 939 Views 0 comment Print

Bombay HC clarified Section 276C(2), holding that mere failure to pay self-assessment tax is not willful evasion, quashing prosecution after tax was paid belatedly.

Deputy Commissioner acting beyond directions given by DRP is contrary-in-law

October 23, 2025 639 Views 0 comment Print

Bombay High Court held that Deputy Commissioner of Income Tax cannot exceed mandate of Section 144C(13) or act contrary to Dispute Resolution Panel’s directions. It further ruled that any assessment completed beyond prescribed time limit under Section 144C(13) is time-barred and invalid.

Interest on Delayed GST Refund Payable from Original Application Date: Bombay HC

October 22, 2025 5331 Views 0 comment Print

Bombay High Court held that interest under Section 56 of the CGST Act must be paid from 60 days after the original refund application, even if the refund is granted later following an appellate order. The Court relied on Lupin Ltd., Ranbaxy Laboratories, and other precedents to reject the Revenue’s stand.

Bombay HC Advises Use of Trade Circular Before Approaching Court on GST Issues

October 22, 2025 660 Views 0 comment Print

The petitioner challenging GST orders was directed to comply with Trade Circular 13 August 2024 for interim protection; constitutional claims on Section 16(2)(c) can be raised only after exhausting remedies before the future GST Tribunal.

Department’s Preemptive Action on Fraudulent ITC Blocked by Delhi HC

October 22, 2025 489 Views 0 comment Print

Orders blocking GST input tax credit under Rule 86-A were set aside because the petitioner filed a reply within the timeline, but the department issued restrictive orders prematurely without hearing the petitioner.

IBC Proceedings Cannot Shield Directors from Section 138 NI Act Liability

October 22, 2025 3333 Views 0 comment Print

Bombay High Court held that directors cannot escape personal criminal liability for dishonoured cheques even if the company is under insolvency proceedings.

Bombay HC Upholds GST Confidentiality, Denies RTI Request for Industry Returns

October 22, 2025 1335 Views 0 comment Print

Bombay High Court ruled that GST returns are protected under Section 158 of GST Act and cannot be disclosed under RTI, emphasizing mandatory third-party notice under Section 11.

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