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Bombay High Court

Criminal proceedings not invokable against independent director U/s. 141 of NI Act

July 29, 2022 1920 Views 0 comment Print

Held that an independent director, not in charge or not responsible for day to day conduct of the business, is not liable for offence by invoking section 141 of Negotiable Instrument Act.

SVLDRS declaration cannot be rejected without giving a personal hearing to Applicant

July 27, 2022 564 Views 0 comment Print

Petitioner challenged rejection of declaration filed under ‘Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019’ by passing a very cryptic order without spelling out reason

HC allows Pro-Rata section 80IB(10) Deduction on eligible residential units

July 24, 2022 1740 Views 0 comment Print

PCIT Vs Kumar Builders Consortium (Bombay High Court) Revenue argued that Section 80IB(10), does not at all envisage a pro rata deduction, in respect of eligible fats. In other words, it is suggested that even if a single flat in a housing project is found to exceed the permissible maximum built-up area of 1500 sq.ft., […]

Only profit element on Bogus purchases can be added to Income: HC

July 24, 2022 2565 Views 0 comment Print

Accepting the statement of the assessee that the addition be restricted to only profit element on the purchases efected by it, the CIT(A), restricted the addition by estimating profit of 12.5% on the total purchases in question.

Income Tax refund cannot be adjusted without prior intimation

July 24, 2022 2619 Views 0 comment Print

Revenue can set off/adjust amount to be refunded against the sum which remains payable under Income Tax Act by the person to whom the refund is due, after giving an intimation in writing

Place of supply is location of service receiver when services are supplied to foreign telecom operators

July 22, 2022 1269 Views 0 comment Print

Held that services are supplied to Foreign Telecom Operators and hence place of supply of service will be location of service receiver as per section 13(2). Provisions of section 13(3)(b) are not attracted as the services are not provided to the individual.

Drawback u/s 74 not available to importer availing benefit of notification no. 27/02-Cus

July 20, 2022 5496 Views 0 comment Print

Bombay High Court held that importers who fall under Notification No. 27/02-Cus dated 1st March 2002 are not entitled to any drawback under Section 74 of Customs Act 1962.

Vague SCN for Cancellation of GST Registration & subsequent cancellation not sustainable

July 20, 2022 2433 Views 0 comment Print

The show cause notice does not even allege that petitioner has obtained registration by fraud or willful misstatement or suppression of facts. There is a digital signature appended in the said document which says signature is not verified. Therefore, we have to take it to be an unsigned document. We fail to understand how it can be an official document.

Amount debited from bank of assessee – Gross abuse of power – HC

July 18, 2022 5358 Views 0 comment Print

HC held that We fail to understand, prima facie, as to how the authorities get this power to take away amount from anybody’s account without account holder’s permission or even after taking away the money, they would not even consider it necessary to inform the account-holder that money from their account has been debited. This is nothing but high handedness and gross abuse of power.

MVAT: Govt can impose mandatory pre-deposit condition for Appeal filing

July 17, 2022 2589 Views 0 comment Print

Held that the State of Maharashtra has legislative competence to enact amendment to incorporate a condition/modifying the earlier condition for entertaining an appeal for a mandatory pre-deposit for filing appeals against the assessment orders pertaining to all the goods after 16th September 2016

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