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Bombay High Court

It is not permissible to reopen based on change of opinions: HC

April 30, 2022 474 Views 0 comment Print

Samet Estates Pvt. Ltd. Vs CIT (Bombay High Court) It is Petitioner’s case that the same issue which is mentioned in the reasons for reopening was a subject matter of consideration during the assessment proceedings and the assessment order dated 20th December, 2010 in fact even discussed this item. Therefore, reopening is based on change […]

NFAC to be represented through jurisdictional PCIT

April 27, 2022 1380 Views 0 comment Print

Ashtnidhi Developers Vs National Faceless Assessment Centre Delhi (Bombay High Court) If NFAC is a party respondent, the cause title will state NFAC c/o. concerned Principal Commissioner of Income Tax and that Principal Commissioner of Income Tax shall accept service on behalf of NFAC. FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT 1] Ms […]

HC allows Eligible input tax credit by modifying Form TRAN-1

April 23, 2022 4941 Views 0 comment Print

This court, in the case of Heritage Lifestyles and Developers and Private Limited, a perusal of the said judgment indicates that the petitioner in that case was allowed to make such claim if the petitioner was otherwise eligible for credit of the amount. Considering those facts, this Court in the said judgment directed the respondents to accept the TRAN-1 filed by the petitioner and to give the due of input tax credit in the electronic credit ledger/input tax credit of the petitioner within two weeks from the date of the order.

Are LIC Policyholders entitled to Dividend from Surplus Fund- Bombay HC to Examine; Refuses to stay LIC IPO

April 21, 2022 1140 Views 0 comment Print

BOMBAY HIGH COURT has refused ad-interim relief to stall the proposed Initial Public Offering (IPO) by the country’s oldest and largest insurer –Life Insurance Corporation of India, with a rider that any IPO before the court finally decides the challenge would be subject to the outcome of the petition.

CESTAT Order on Classification of Goods & Determination of Customs Duty Appealable only before SC

April 18, 2022 2268 Views 0 comment Print

Commissioner of Customs II JNPT Vs Axiom Cordages Ltd. (Bombay High Court) Impugned order of CESTAT and the appeal memo clearly indicates that the main controversy which arises for determination is in the nature of classification dispute, which relates directly and proximately to the rate of duty applicable for the purpose of assessment and therefore the […]

Flat Occupier Entitled to Transit Rent for Dispossession Period during Redevelopment

April 17, 2022 4287 Views 0 comment Print

Maniar Associates LLP Vs Vijay Niwas Co-op. Hsg. Soc. Ltd. & Ors. (Bombay High Court) he fact remains that as respondent no.3 is in possession of the tenement in question and would now be handing over possession of such tenement to the petitioner/society. Hence considering the consistent view taken by this Court in Heritage Lifestyles and […]

Section 148 Notice issued after expiry of 4 years, based on Addl. CITs approval, is unsustainable

April 17, 2022 1950 Views 0 comment Print

Voltas Limited Vs ACIT (Bombay High Court) Facts- Petitioner is a company engaged in the business of air conditioning and refrigeration etc. During the A.Y. 2015-16, petitioner incurred expenses of Rs.3,30,82,713 towards CSR as per section 135 of the Companies Act, 2013. Petitioner had also claimed deduction in return of income u/s 35AC and 80G […]

Arbitration clause in Tax invoice can not be considered as a valid Arbitration Agreement

April 13, 2022 6255 Views 1 comment Print

Concrete Additives and Chemicals Pvt. Ltd. Vs S N Engineering Services Pvt. Ltd. (Bombay High Court) Mr. Menon’s contention that the tax invoices have been accepted by the respondent and therefore it is required to be presumed that there is an arbitration agreement between the parties also cannot be accepted. The acceptance of the tax […]

Sanction by Addl. CIT instead of PCIT not valid for Reassessment After expiry of four years

April 13, 2022 2358 Views 0 comment Print

J M Financial and Investment Consultancy Services Pvt. Ltd. Vs ACIT (Bombay High Court) HC held that since four years had expired from the end of the relevant assessment year, as provided under Section 151(1) of the Act, it is only the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner who could […]

Reopening based on wrong reasons cannot be a reason to believe that income has escaped assessment

April 13, 2022 720 Views 0 comment Print

Raimaladitya Textile Pvt. Ltd. Vs ITO (Bombay High C0urt) The allegations in the reasons recorded are that as per information summary available to Revenue there is company by the name Raimaladitya Textile Pvt. Ltd., from whom bogus loan has been taken in F.Y. 2012-13 in the sum of Rs.40,88,06,800/- and the said Raimaladitya Textile Ltd., […]

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