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Bombay High Court

No CET For Class 11 Admissions in Maharashtra: Bombay High Court (Read Order)

August 11, 2021 2538 Views 0 comment Print

Bombay High Court orders Union and State Governments to complete XIth standard admission based on Xth standard marks within six weeks. Full judgment included.

Income Tax notice cannot be issued to Amalgamated Company

August 10, 2021 4083 Views 0 comment Print

Bombay High Court declares notice issued by DCIT to non-existent entity Alok Knit Exports as invalid. Details of the judgment on Assessment Year 2012-2013.

Judicial discipline cannot be ignored unless decision is suspended by a competent Court

August 8, 2021 1857 Views 0 comment Print

The mere fact that the order of the appellate authority is not ‘acceptable’, which itself is an objectionable phrase, can be no ground for not allowing the claim unless the decision of the appellate authority has been suspended by a competent Court. Supreme Court emphasized that if such healthy rule of judicial discipline is not followed, it would result in undue harassment to the asssessees and chaos in the administration of tax laws.

Faceless Assessment without adhering to Section 144B procedures is invalid

July 31, 2021 5982 Views 0 comment Print

Piramal Enterprises Limited Vs Additional/joint/Deputy/Assistant CIT/ITO National e-Assessment Centre (Bombay High Court) The HC declared that assessment for AY 2017-18 made u/s 143(3)  vide order dated 22.4.2021 was non est u/s 144B(9) of the Income Tax Act, 1961 for not adhering the procedure laid down u/s 144B(1) and u/s 144B(7/(vii) of the Act and holding […]

HC accepts plea challenging notification allowing issue of section 148 notices after 31-03-2021 

July 9, 2021 4512 Views 0 comment Print

Sahil International Vs ACIT (Bombay High Court) 1. Mr. Jain, learned counsel for the Petitioner states that despite enforcement of the amended Income Tax Act, 1961 with effect from 01.04.2021, the Respondents purport to invoke repealed provisions of Section 148 of the Income Tax Act without following provisions of amended Act, issuing notice dated 07.06.2021. […]

Bombay HC on Section 148 notices issued after 31st March, 2021

July 6, 2021 27066 Views 1 comment Print

Tata Communications Transformation Services Limited Vs ACIT (Bombay High Court) 1. Mr. Jehangir Mistri, learned Senior Advocate appearing for petitioner vehemently contends that the impugned notice under section 148 of Income Tax Act, 1961 in the present matter issued on 21/05/2021 is absolutely untenable on various grounds. He submits several provisions of the Income Tax […]

Constitutionality of section 13(8)(b) of IGST Act, 2017 | Bombay HC

June 17, 2021 13680 Views 0 comment Print

Dharmendra M. Jani Vs Union of India And Others (Bombay High Court) GST – Constitutionality of section 13(8)(b) of the Integrated Goods and Services Tax Act, 2017 – While as per the opinion of Justice Ujjal Bhuyan the provision of section 13(8)(b) of the Integrated Goods and Services Tax Act, 2017 related to Itermediary Services […]

No market value could be ascribed for valuation of seized gold/assets for Wealth Tax

June 16, 2021 1518 Views 0 comment Print

mere legal ownership will not be enough to fasten liability on the assessee in respect of the market value of the seized assets even though the said seized assets belong to the assessee. The Court held that on the valuation date the right of the assessee was in jeopardy and therefore having regard to the definition of net wealth and asset as appearing in Section 2(e) of the Wealth-tax Act, the Wealth-tax Officer was not justified in estimating the value of such asset.

GST: Validity of Section 13(8)(B) ‘Intermediary Service’ – HC Judges Differs

June 10, 2021 13599 Views 0 comment Print

Dharmendra M. Jani Vs Union of India and others (Bombay High Court) Vide this petition challenge made in this writ petition is to the constitutionality of section 13(8)(b) and section 8(2) of the Integrated Goods and Services Tax Act, 2017. Justice Ujjal Bhuyan while coming to the judgment of the Gujarat High Court in Material […]

HC stays section 148 notice for violation of new provisions effective from 1st April 2021

June 9, 2021 23103 Views 3 comments Print

Armada D1 Pte. Ltd. Vs DCIT (Bombay High Court) Notice under Section 148 stayed by Bombay High Court in view of conflict between new Income Tax Provisions for reopening of Assessment with Old Provisions On 3rd June Bombay High Court has stayed the operation of Notice under Section 148 dated 7th April 2021 for Assessment […]

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