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Bombay High Court

Proper Officer to decide IGST Refund – HC disposes appeal as grievance of Petitioner redressed

April 15, 2023 864 Views 0 comment Print

This Petition is pending for more than a year on a simple issue as to who is the Proper Authority to decide the Petitioner’s case / claim. According to the reply affidavit filed by the Deputy Commissioner of Customs – Respondent no.5, it is the Respondent no.4 who is the authority.

Customs authorities not empowered to seal immovable property

April 14, 2023 1029 Views 0 comment Print

Bombay High Court held that there is no power available with the custom authorities to seal premises of any person, which are nothing but a form of immovable property.

Extended period not involcable in absence of suppression, misrepresentation or fraud

April 13, 2023 1464 Views 0 comment Print

Bombay High Court held that extended period of limitation not invocable as there was no suppression, misrepresentation or fraud committed by the assessee.

Rejection of SVLDRS-1 application alleging wrong Commissionerate unjustified

April 13, 2023 834 Views 0 comment Print

Bombay High court held that rejection of SVLDRS-1 application alleging wrong Commissionerate is unjustified as at the time of filing application, petitioner didn’t had option to file or change the Commissionerate.

Period of limitation extended by SC also applies to claim for GST refund

April 12, 2023 3591 Views 0 comment Print

Tejus Vertrage Infra LLP Vs Union of India & Ors  (Bombay High Court) Period of limitation which was extended under the orders passed by the Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 also apply to the claim for refund. The learned Counsel for the Petitioner states that the decision […]

PIL dismissed in absence of any absolute evidence or live link

April 12, 2023 1041 Views 0 comment Print

Bombay High Court dismissed PIL in absence of any absolute evidence or live link between the alleged malpractices in the B.M.C and private respondents.

Reassessment proceedings in violation of procedure prescribed u/s 148A(b) is liable to be quashed

April 12, 2023 4341 Views 0 comment Print

Bombay High Court held that initiation of re-assessment proceedings in violation of the procedure prescribed under section 148A(b) of the Income Tax Act i.e. without supplying requisite material is bad in law and liable to be set aside.

SVLDR Scheme covers not only tax but it also covers interest and penalty

April 10, 2023 1431 Views 0 comment Print

Bombay High Court held that SVLDR Scheme covers not only tax but also interest, penalty. Hence, declaration under SVLDR in respect of notice issued for interest duly allowable.

CIDCO can decide technical qualification of bidder based on opinion of MSETCL

April 9, 2023 1050 Views 0 comment Print

CIDCO were the best judge to consider compliance with technical and financial conditions. MSETCL was consulted by CIDCO, both on account of the fact that the project had been undertaken by CIDCO on behalf of MSETCL as well as the execution of the same under the supervision of MSETCL. Therefore, the order of CIDCO was upheld in holding BNC to be technically qualified.

GST Refund: Assesses cannot be expected to wait till eternity for GST Tribunal formation

April 5, 2023 1356 Views 0 comment Print

Petitioner approached HC against order passed by appellate authority as GST Tribunal has not been constituted till date. Revenue contended that writ petition should not be admitted in wake of alternate remedy.

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