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Bombay High Court

Application for condonation of delay cannot be dismissed for mere non-submissions of originals of medical certificate

November 6, 2022 3123 Views 0 comment Print

Piedade Carvalho Vs Maria Victoria Boavinda (Bombay High Court) In this case, the delay was of only 67 days. Further, the explanation offered was that the appellant was illiterate, knowing neither to read nor write. He was a senior citizen suffering from various ailments related to his age. He engaged an Advocate to represent him […]

Certificate under GST Rule 145(2) Sufficient to condone delay in Appeal filing

November 4, 2022 1773 Views 0 comment Print

V.C. Infra Vs Commissioner of State Tax (Bombay High court) Heard. 02] On 18/02/2022 the Deputy Commissioner of State Tax passed an adjudication order directing the petitioner to satisfy the demand of Rs.8,43,502/-. The petitioner being aggrieved by the aforesaid, preferred an appeal before the appellate authority On 02/08/2022, the said appeal came to be […]

HC have no jurisdiction to entertain appeal related to taxability of service

November 4, 2022 531 Views 0 comment Print

Commissioner of Service Tax Vs Surindra Engineering Co. Ltd (Bombay High Court) Sub-section (2) to section 35L was inserted with effect from 6th August 2014, i.e., prior to the passing of the order impugned in the present appeal by the CESTAT. Even otherwise, this Court in the case of Commissioner of Central Excise, Mumbai-V Vs. […]

People who want to feed Street Dogs must adopt them: HC Prohibits Public Feeding of Stray Dogs In Nagpur

November 4, 2022 3903 Views 0 comment Print

Nagpur Municipal Corporation to ensure that, no feeding of street dogs takes place at any place except at the own place of the dog feeder or in the dog shelter homes or any other authorised place and we also direct him to impose appropriate penalty for any breach of these directions, which penalty may not be more than of Rs.200/- for every breach as per the resolution already passed in this behalf by Nagpur Municipal Corporation.

Mere failure to pay tax in time cannot be treated willful attempt to evade tax to prosecute an assessee

November 4, 2022 819 Views 0 comment Print

Valecha Investments Pvt. Ltd Vs ITO (Bombay High Court)  HC held that mere default in payment of tax, unless such default arises out of circumstances which has the effect of assessee defeating payment, the expression ‘willful attempt’ cannot be imported to mean failure to pay tax. It is also held in paragraph 10 that mere […]

HC Sets Aside section 148A(d) order for not considering Reply of Petitioner

November 4, 2022 534 Views 0 comment Print

Agriculture Produce Market Committee Vs ITO (Bombay High Court) It is observed that reply filed by the petitioner to the notice has not been taken into consideration especially in view of the fact that such reply was filed on 31.03.2022 and on the same day the impugned order came to be passed on 10.41 p.m. […]

Sub-leasing of container amounts to deemed sale and hence service tax not leviable

November 2, 2022 1590 Views 1 comment Print

Bombay High Court held that sub-leasing of containers by original lessee to another lessee wherein, possession and control is transferred, the same amount to deemed sale within the meaning of Article 336(29A)(d) of the Constitution of India and hence service tax not leviable.

Payment of pre-deposit of Excise and Service Tax through Form GST DRC-03 – HC direct CBIC to issue guideline

October 31, 2022 4197 Views 0 comment Print

Sodexo India Services Pvt. Ltd Vs Union of India (Bombay High Court) 1. Petitioner is impugning four orders all dated 13th April 2022 passed by respondent no.3 in the appeals that petitioner had filed. 2 Petitioner had, as required under Section 85 of the Finance Act, 1994 read with Section 35F of the Central Excise […]

SCN to be adjudicated within a reasonable time period for declaring it to be valid

October 26, 2022 4095 Views 0 comment Print

While issuing the Show-Cause notice, it was duty of Adjudicating Authority to take the said Show-Cause notice to its logical conclusion by adjudicating upon the said Show-Cause Notice within a reasonable period of time. Assessee could not be made to suffer on the gross delay on the part of the Respondent.

CESTAT must check That Notice Was Properly Served before Passing Order

October 25, 2022 1107 Views 0 comment Print

Dipali Electronics Pvt. Ltd Vs Union of India (Bombay High Court) In our view, when Petitioner has been accused of having played role in the procurement of electronic systems and parts for manufacture of automated teller machines and Petitioner has been imposed penalty of Rs.Seventy Five Lakhs under Section 112 of the Customs Act, 1962 […]

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