Bombay High Court

Fees for rendering banking services cannot be treated as commission for TDS U/s. 194H

CIT Vs Cleartrip Pvt. Ltd. (Bombay High Court)

The amount retained by the bank for the fees charged for having rendered banking services, cannot be treated as a commission or a brokerage paid in course of use of banking service by a person acting on behalf of another for buying or selling goods, so as to be hit by section 194H....

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No transfer on Family settlement amongst family members in context of ‘preexisting right’

P. P. Mahatme, POA Lorna Margaret Pinto Vs ACIT (Bombay High Court)

P. P. Mahatme, POA Lorna Margaret Pinto Vs ACIT (Bombay High Court) In so far as the second substantial question of law is concerned, it is necessary to note that the Assessing Officer, Commissioner of Income-tax (Appeals) and the ITAT have concurrently held that notwithstanding the nomenclature of the settlement, or the fact that the [&h...

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Section 43B covers both employees & employer’s contributions

CIT (Central) Vs Ghatge Patil Transports Ltd. (Bombay High Court)

We hold that both employees' and employer's contributions are covered under the amendment to Section 43B of I.T. Act and the Alom Extrusions judgment. Hence the Tribunal was right in holding that payments thereof are subject to benefits of Section 43B....

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Cenvat credit on guest house – HC set aside CESTAT Formula

ACG Associated Capsules P. Ltd. Vs CCE (Bombay High Court)

Bombay High Court has held that rough and ready formula as formulated by CESTAT regarding availability of Cenvat credit on guest houses, that credit was available only on guest houses situated near the manufacturing unit, was not entirely satisfactorily....

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No GST Leviable on Services Provided by Court Receiver

Bai Mumbai Trust Vs Suchitra (Bombay High Court)

Bai Mumbai Trust Vs Suchitra (Bombay High Court) Issue raised whether GST is applicable on services or assistance rendered by the Court receiver appointed by the Court under order XL of CPC. Court observed that schedule III provides that services provided by any court or tribunal established under any law is neither a supply of […]...

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Bogus purchases- Entire Purchase amount cannot be disallowed

The Principal Commissioner of Income Tax-25 Vs Pinaki D. Panani (Bombay High Court)

Pr. CIT Vs Pinaki D. Panani (Bombay High Court) Even if the purchases made from the parties in question are to be treated as bogus, it does not necessarily mean that entire amount should be disallowed and that no benefit should be given to the Respondent-Assessee. Assuming that the purchasers from whom the purchases were […]...

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Sale of goods when in bonded warehouse not exempt from CST

Commissioner of Sales Tax Vs Radhasons International (Bombay High Court)

Bombay High Court has held that sale made by transfer of documents while goods are in bonded warehouse would not qualify as exempt under Section 5(2) of the Central Sales Tax Act, relating to high sea sales. Observing that concept of crossing the customs frontiers of India is distinct from customs barriers of India, the High Court termed ...

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Section 83 of CGST Act- Power to provisionally attach bank accounts

Kaish Impex Private Limited Vs UOI  (Bombay High Court)

Power to provisionally attach bank accounts is a drastic power. Considering the consequences that ensue from provisional attachment of bank accounts, the Courts have repeatedly emphasized that this power is not to be routinely exercised. Under Section 83, the legislature has no doubt conferred power on the authorities to provisionally att...

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No TDS on Payment to bank for Credit Card transaction processing

CIT (TDS)-1 Vs Jet Airways (India) Ltd. (Bombay High Court)

The so-called bank guarantee commission was not in the nature of commission paid to an agent but it was in the nature of bank charges for providing one of the banking services. The requirement of section 194H of the Act, therefore, would not arise....

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Refund – Limitation – Time taken by Ministry to be excluded

JSW Dharmatar Port Pvt. Ltd. Vs Union of India (Bombay High Court)

Bombay High Court has held that time consumed by the concerned Ministry in granting certificates required for retrospective exemption and refund must be ignored....

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