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Bombay High Court

No excise duty Liability on mere Purchase of Land instead of entire business

April 22, 2021 2217 Views 0 comment Print

Runwal Constructions Vs Union of India (Bombay High Court) Conclusion: Notice issued to assessee for prohibiting the transfer of property for alleged non-payment of Excise duty by Respondent No. 3 was quashed as excise dues were not dues which arise out of land or building. Such liabilities could be in the form of property tax, […]

Bombay HC Takes Cognisance of Covid-19 Surge In Prisons

April 16, 2021 495 Views 0 comment Print

High Court on its own motion Vs State of Maharashtra and Ors. (Bombay High Court) FULL TEXT OF THE JUDGMENT/ORDER of BOMBAY HIGH COURT This Suo Motu Public Interest Litigation is initiated Re: the rise in COVID-19 Virus cases in March-April 2021 in the prisons in the State of Maharashtra. 2. Newspaper reports, more particularly, […]

Bombay HC Stays Evictions, Dispossessions, Demolitions Till 07.05.2021

April 16, 2021 1044 Views 0 comment Print

In re Court On Its Own Motion (Bombay High Court) FULL TEXT OF THE JUDGMENT/ORDER of BOMBAY HIGH COURT The second wave of the pandemic, arising out of COVID-19 virus, has been wreaking havoc just as the first wave did in the year that went by. To combat the rising second wave, the Government of Maharashtra […]

Covid reports (positive) to be given to patient first, then upload on ICMR website: HC

April 15, 2021 10545 Views 0 comment Print

After making the reports available to the patients on Whatsapp as also hard copy of it, the reports of the patients, who test positive shall be uploaded on the ICMR portal within 24 hours and the reports of the patients who test negative should be uploaded on the ICMR portal within 7 days and if these directions are not complied with by the laboratories, the authorities will be free to take appropriate action against the concerned laboratories, as deemed fit by the concerned authority.

Delayed self-assessment tax payment cannot be construed to be a tax arrear for VSV Scheme

April 11, 2021 1044 Views 0 comment Print

Macrotech Developers Limited Vs PCIT (Bombay High Court) In so far the prosecution against the petitioner is concerned, the same has been initiated under section 276-C(2) of the Act because of the delayed payment of the balance amount of the self-assessment tax. Such delayed payment cannot be construed to be a tax arrear within the […]

HC directs revenue to consider Application under Vivad Se Vishwas Act, 2020

April 9, 2021 2136 Views 0 comment Print

Sadruddin Tejani Vs ITO (Bombay High Court) The basic facts set out above are not in dispute. Without getting into the merits of the demands by the Revenue or the Application for Revision under Section 264 of the Income Tax Act by the Petitioner, it would be relevant to note that, it is not in […]

Excise due cannot be demanded on mere presumption without any evidence

April 8, 2021 1119 Views 0 comment Print

Supermax Personal Care Pvt. Ltd. Vs Union of India (Bombay High Court) In the order in original dated 20.11.2019 the adjudicating authority had recorded a clear finding that the only presumption for the demand was that because the maximum retail price of the goods manufactured at Una, Himachal Pradesh and those manufactured elsewhere by the […]

PCIT or CIT cannot revise any order in respect of which an appeal lies or time to file appeal is not expired

April 8, 2021 2202 Views 0 comment Print

Aafreen Fatima Fazal Abbas Sayed Vs ACIT (Bombay High Court) 15. This is a case where, in the Petitioner’s return for the Assessment Year A.Y 2018 – 19, the figure of long term capital gains of Rs. 3,07,60,800/- on surrender of tenancy rights in respect of earlier A.Y 2017-18 had inadvertently been copied by petitioner’s […]

CESTAT cannot allege fraud on haphazard and hurried basis

April 6, 2021 672 Views 0 comment Print

Essel Propack Limited Vs Union of India and others (Bombay High Court) When the appeal of the petitioner was heard by the CESTAT, learned counsel for the petitioner furnished sample invoice copies to justify labour charges incurred. It was at that stage that the authorized representative of the department raised objection that such invoices could […]

Bombay HC quashes unlawful illegal Income Tax refund adjustment

April 6, 2021 2340 Views 0 comment Print

Tata Communications Ltd. Vs Union of India (Bombay High Court) FULL TEXT OF THE JUDGMENT/ORDER of BOMBAY HIGH COURT Bombay high court on unlawful illegal  refund adjustment  u/s 245 by tax authorities held that Interim relief granted by Bombay HC vide order dated 26th March, 2020 also applies to Income Tax Refund and refund cannot be […]

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