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Bombay High Court

Income Tax refund cannot be adjusted without prior intimation

July 24, 2022 2634 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 1308 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 5610 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 2478 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 5370 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 2622 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

Bombay HC admit PIL on 3% contributions to be made by registered public trusts

July 14, 2022 2118 Views 0 comment Print

Devendra Prakash Shah Vs State of Maharashtra (Bombay High Court) 1. We have heard Mr. P. B. Shah, learned advocate appearing in support of this writ petition. 2. Having read the averments made in the writ petition and the relief claimed therein, we are of the considered prima facie view that because of the lapse […]

Dispute on amount of interest Granted by HC – HC ask dept to submit application for review/modification

July 12, 2022 285 Views 0 comment Print

Sanjeevkumar S/o Biharilal Kabra Vs Union of India (Bombay High Court) 1. The matter is placed on board for speaking to minutes in respect of order dated 22.04.2022 passed by this Court. 2. The learned counsel for the petitioners seeks clarification of the order, more particularly in so far as directions issued in paragraph no.43 […]

Duty drawback cannot be denied when Advance Licenses were invalidated

July 10, 2022 1074 Views 0 comment Print

Tufropes Pvt Ltd. Vs Union of India (Bombay High Court) One fact very clearly emerges from the documents annexed to the petition and the affidavits is that the advance licences of petitioner were invalidated for direct import of relevant HDPE/P Granules / Chips and petitioner was allowed to procure the same indigenously from Reliance Industries […]

Provisions of ESI Act applicable to BCCI as its activities are commercial in nature

July 9, 2022 1137 Views 0 comment Print

Since the nature of activities conducted by the Board Of Control for Cricket in India were commercial activities, therefore, the appellant Board was covered by the provisions of ESIC Act and was liable to pay ESI contribution on the wages paid to the coverable employees.

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