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Bombay High Court

Bombay HC Dismisses Section 130 Customs Act Appeal Lacking Substantial Question

October 26, 2024 1017 Views 0 comment Print

Bombay High Court held that an appeal under Section 130 of the Customs Act can be entertained only if the High Court is satisfied that the case involves a substantial question of law. Thus, appeal dismissed as no substantial question of law arises in the appeal.

Addition of Bogus Purchases Without Evidence Unsustainable: Bombay HC

October 26, 2024 2784 Views 0 comment Print

Bombay High Court held that addition of 10% of allegedly bogus purchases without any cogent or convincing evidence is not sustainable in law. Accordingly, impugned order set aside and appeal disposed of in favour of the assessee.

Assessment Order Quashed for Breach of Section 23(4) MVAT Provisions

October 26, 2024 897 Views 0 comment Print

Bombay High Court quashed the assessment order on account of breaching statutory provisions of section 23(4) of the MVAT; violation of the principles of natural justice and fair play, non-application of mind, and legal malafides.

Proceedings Quashed for Lack of Reason in GST Registration Cancellation Rejection

October 26, 2024 750 Views 0 comment Print

Held that in our view, since the orders revocating registration cancellation on the Petitioner’s application were passed contrary to the principles of natural justice, all the subsequent proceedings initiated thereafter, which are consequential, also have to be quashed.

Bonafide delay of two days in filing of an income tax return condoned: Bombay HC

October 25, 2024 1134 Views 0 comment Print

Bombay High Court held that bonafide delay on the part of the Chartered Accountant in filing Return could not be a ground to reject the application for condonation of delay. Accordingly, two days delay condoned as delay appears to be wholly bonafide.

Interest payable from date of refund application and not from date of passing of refund order: Bombay HC

October 23, 2024 1413 Views 0 comment Print

Bombay High Court held that interest in terms of Section 27 and 27A of the Customs Act, 1962 is payable from the date of receipt of the application for refund and not from the date of passing of the order of refund.

If workmen engaged through multiple contractors, contract labour would be employees of principal employer for purpose of gratuity

October 21, 2024 2097 Views 0 comment Print

Some workmen had continued with IIT-Bombay through multiple contractors, therefore, for the limited purpose of payment of gratuity, Respondents were required to be treated as employee of IIT-Bombay.

Denial of ITC on sole ground that GST ITC 02 was filed manually not justified: Bombay HC

October 21, 2024 1179 Views 0 comment Print

Bombay High Court held that department cannot deny the benefits of accrued Input Tax Credit (ITC) on the sole ground that GST ITC 02 was filed manually and not electronically. Thus, relevant show cause notice quashed.

Bombay HC Quashes Order Blocking ITC Credit Ledger for Violating Natural Justice

October 19, 2024 1077 Views 0 comment Print

Bombay HC quashes GST order blocking Bhansali Industries’ credit ledger. Case remanded for fresh adjudication with proper reasoning and a fair hearing.

Bombay HC Quashes 20-Year-Old Customs Show Cause Notice

October 19, 2024 897 Views 0 comment Print

Bombay High Court quashes 20-year-old customs show cause notice against Great Eastern Shipping due to adjudication delay, citing previous case law precedents.

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