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Bombay High Court

Cash deposits in retail business cannot lead to belief that income has escaped assessment

March 25, 2023 1629 Views 0 comment Print

Bombay High Court held that being in retail business of electronic appliances, cash deposits from various places cannot be doubted be considered suspicious transactions. Accordingly, cash deposits in crores cannot lead to a belief that the income has escaped assessment. Re-opening unjustified.

Reassessment proceedings without any new tangible material is unsustainable in law

March 25, 2023 1134 Views 0 comment Print

Bombay High Court held that re-assessment proceedings, in absence of any failure to disclose any material fact and without any new tangible material which was not available at the time of passing of the original assessment order, is unsustainable.

Reassessment proceedings invalid as no failure in disclosing any material facts

March 24, 2023 1677 Views 0 comment Print

Bombay High Court held that initiation of reassessment proceedings invalid as there was no failure on the part of the assesse to disclose any material facts.

Motor Accident Claim: Tyre Burst is not an ‘Act of God’ & Insurance Company is liable to pay Compensation

March 16, 2023 3861 Views 0 comment Print

Tyre burst is not an act of God but a consequence of negligence and the Driver/ Insurance company cannot be exonerated for the same.

SVLDR Scheme: HC allows payment after 30.06.2020 (due date) as challan was expired

March 16, 2023 2769 Views 0 comment Print

Innovative Antares Pvt. Ltd. Vs Union of India (Bombay High Court) Rejects Revenues contention that the payment could not be made beyond 30.06.2020 (due date). Rejects Revenues contention that the SVLDR Scheme is over The petitioner was a trader and service provider. It filed declaration under the SVLDR Scheme. The Form 3 was issued calling […]

Matter of levy of VAT/ GST on Extra Neutral Alcohol pending before SC hence hearing deferred

March 15, 2023 894 Views 0 comment Print

Bombay High Court deferred the hearing in the matter of levy of VAT or GST on Extra Neutral Alcohol as matter already pending before Supreme Court.

Appellate authority cannot pass ex-parte order for mere non-submission of grounds

March 14, 2023 567 Views 0 comment Print

Merely because petitioner failed to submit grounds of appeal as an attachment at the time of filing its memo of appeal in Form No. 35, could not be a basis for appellate authority to pass order ex-parte especially when submissions sufficiently reflected the grounds on which order of assessment was being challenged in appeal proceedings.

HC Grants Bail to Consultant in case of alleged Bribery to Income Tax Superintendent

March 13, 2023 1056 Views 0 comment Print

Mehboob Jaffer Ali Shaikh Vs Central Bureau of Investigation (Bombay High Court) 1. This is an application for bail pending final disposal of Criminal Appeal No.157 of 2023 preferred by the Applicant against the Judgment and order dated 12/01/2023 passed by learned Special Judge, CBI, Greater Bombay in Special Case No.116 of 2013. The applicant […]

Redemption fine covered under SVLDRS scheme: Bombay HC

March 11, 2023 822 Views 0 comment Print

HP Adhesives Limited Vs Union of India (Bombay high court) The Petitioner applied under the SVLDRS Scheme. The application was rejected on the ground that redemption fine is not covered under section 125 of the SVLDR Scheme. Accordingly, the petition was filed against such rejection. The Hon’ble High Court of Bombay set aside such rejection […]

Income Tax Notice under section 148 against Dead Person is Invalid

March 11, 2023 9216 Views 0 comment Print

Prakash Tatoba Toraskar Vs ITO (Bombay High Court) In this case initial notice under Section 148 was in the name of the deceased and so was the subsequent communication dated 20 May 2022 purporting to be a notice in terms of Section 148A(b), it is settled law that notice issued under Section 148 of the […]

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