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Bombay High Court

Payment from electronic cash ledger under GST for SVLDRS allowed: HC

September 6, 2022 858 Views 0 comment Print

Payment made by electronic cash ledger maintained by petitioner under CGST Act also amounts to payment through internet banking for SVLDRS: HC

Section 148 Reassessment notice after due application of mind is valid

September 6, 2022 2019 Views 0 comment Print

Shrikant Phulchand Bhakkad Vs JCIT (Bombay High Court) It was seen that the issue under consideration of the office had not been examined by the assessing officer while passing the assessment order. The transactions entered into by the assessee were non genuine and were carried out with a view to avoid paying tax. The assessee […]

Bombay HC issues directions on filing of GST TRAN-1/revised GST TRAN-1

September 5, 2022 1803 Views 0 comment Print

Unichem Laboratories Limited Vs Union of India (Bombay High Court) (a) All Petitioners, through their respective units/offices registered under CGST Act and/or State Acts, as the case may be, can avail this window and file GST TRAN-1/revised GST TRAN-1 at the units/offices between 01.09.2022 to 31.10.2022 in terms of the Hon’ble Supreme Court’s order in […]

Bombay HC stayed Section 148 proceedings for AY 2014-15

August 27, 2022 12771 Views 2 comments Print

Bombay High Court stayed proceedings under Section 148 of Income Tax Act for AY 2014-15. Initial notice was issued after time limit expired

Bombay HC stays reassessment notice after expiry of a period of six years

August 24, 2022 3084 Views 0 comment Print

Dilipkumar Premji Chheda Vs ITO (Bombay High Court) 1. Issue notice. Mr. Ajeet Manwani, learned counsel waives service for the Respondents. Objections be filed in six weeks. 2. Learned counsel for Petitioner states that the impugned notice dated 7th April, 2021 issued under Section 148 of the Act is unsustainable in law and in as […]

Bank Guarantee Encashment before appeal filing period expiry is unjustified

August 21, 2022 1860 Views 0 comment Print

HC Held that authorities cannot encash Bank Guarantee given by Assessee before expiry of statutory period available for filing an appeal.

Mere company winding up order not absolve from Proceedings u/s 138 of NI Act 

August 19, 2022 5649 Views 0 comment Print

An order of winding-up which automatically came into force upon a default in compliance with the consent terms executed on behalf of the company, and its directors could not be placed on the same pedestal as an order passed on merits, especially in a case like the one at hand where it appeared to be in the nature of a device to obviate the liability at that moment.  Therefore, the court dismissed the application for quashing of the complaints under section 138 read with 141 of the NI Act.

BCCI is a ‘shop’ for the purposes of applicability of ESI Act

August 18, 2022 1740 Views 1 comment Print

BCCI is a ‘shop’ for the purposes of applicability of the ESI Act as activities of the BCCI can be said to be systematic commercial activities providing entertainment by selling tickets etc.

Principle of lifting corporate veil cannot be invoked without opportunity of being heard

August 16, 2022 1365 Views 0 comment Print

Held that principle of lifting the corporate veil was invoked without giving an opportunity of being heard violates the principles of nature justice and hence untenable

Collector not empowered to revise stamp duty which is already levied & paid

August 14, 2022 4851 Views 0 comment Print

HC Held that Collector could not revise stamp duty upon Deed of Assignment, when he already once levied the stamp duty and endorsed a certificate to that effect on the Deed and such stamp duty was also paid

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