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Bombay High Court

Reassess Customs Duty on Bills of Entry- HC directs Custom Authorities

January 18, 2021 12381 Views 1 comment Print

Dimension Data India Private Ltd. Vs Commissioner of Customs And Anr. (Bombay High Court) The expression “mistake” appearing in section 154 of the Customs Act may be defined as something done unintendedly or through inadvertence. The section itself says that the error in any decision or order should be due to any accidental slip or […]

Fake GST invoice: White collar offences more serious than offences like murder, dacoity etc.

January 15, 2021 2277 Views 0 comment Print

Tejas Pravin Dugad Vs Union of India (Bombay High Court) The Petitioners are directors of M/s. Ganraj Ispat Private Limited company and the company is registered under the provisions of the Central Goods and Services Tax Act, 2017 (GST Laws) (the Act). It has registered office at Supa, District Nagar, Maharashtra. One Tushar Munot, sole […]

Bombay HC grants interim Stay to Advocate on GST notices

January 12, 2021 11661 Views 0 comment Print

Sanjiv Madhusudan Shah Vs Assistant Commissioner of Central and Service Tax and Ors. (Bombay High Court) Challenge made in this writ petition is to the notice to show cause cum demand issued by the Assistant Commissioner of Central Goods and Services Tax (CGST), Mumbai West dated 28.12.2020 seeking to levy service tax upon the petitioner […]

HC stays cancellation of GST Registration of Sahara Hospitality

January 11, 2021 2148 Views 0 comment Print

Sahara Hospitality Limited Vs State Of Maharashtra And Others (Bombay High Court) Heard Mr. Gautam Ankhad, learned counsel along with Mr. Patkar, learned counsel for the petitioner; and Ms. Chavan, learned AGP for the respondents. 2. By filing this petition under Article 226 of the Constitution of India, petitioner has assailed legality and validity of […]

Sale of items by claiming miraculous or supernatural powers via advertisement on TV channels was illegal

January 5, 2021 1044 Views 0 comment Print

Advertisements on TV channels which were propagating that there were special, miraculous and supernatural properties/qualities in Hanuman Chalisa Yantra were illegal  and such propagation, advertisement falls under Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.

HC Raps Commissioner for excessive exercise of power- GST- Section 83

December 22, 2020 1965 Views 0 comment Print

Because the Commissioner is conferred with the power of provisional attachment under section 83 it would not ipso-facto mean that he can straight away proceed to provisionally attach any property including bank accounts of a taxable person merely on the ground of pendency of proceedings under section 67.

HC directs department to refund Service Tax Recovered in excess of amount approved by resolution plan

December 22, 2020 1692 Views 0 comment Print

GGS Infrastructure Private Limited Vs Commissioner of CGST & Central Excise (Bombay High Court) Once a resolution plan is approved by the committee of creditors by the requisite percentage of voting and the same is thereafter sanctioned by the adjudicating authority (Tribunal in this case), the same is binding on all the stakeholders including the […]

Mortgage of secured creditor gets prior charge over charge for tax/VAT dues

December 17, 2020 9480 Views 0 comment Print

State Bank of India Vs State of Maharashtra (Bombay High Court) In our considered view the facts in the case at hand being similar to the facts in the case of ASREC (India) Limited (Supra) that decision would squarely be applicable to the facts of this case that if any Central statute creates priority of […]

Section 197 certificates must be preceded by an order

December 17, 2020 4326 Views 0 comment Print

Tata Teleservices (Maharashtra) Ltd. Vs DCIT (Bombay High Court) Before issuance of certificates under section 197 of the Act, the same must be preceded by an order. That order must disclose reasons and is an order passed in exercise of quasi-judicial powers. Such an order can be assailed in revision under section 264 of the […]

Demanding loan from Deceased as part of duty cannot Be Termed as Abetment to Suicide

December 17, 2020 1332 Views 0 comment Print

Rohit S/O Nawanath Nalawade Vs State Of Maharashtra (Bombay High Court) Admittedly, the allegations are only to the effect that the applicant demanded outstanding loan amount from the deceased which was the part of his duty being employee of the Finance Company. In view of that, the demand of outstanding loan amount from the person […]

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