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Bombay High Court

Issue Form ‘C’ to sellers for Inter-state purchase of Natural Gas: HC

December 17, 2020 4053 Views 0 comment Print

Asahi India Glass Ltd. Vs State of Maharashtra  (Bombay High Court) Petitioner has been denied ‘C’ forms on the ground that natural gas purchased by it in the course of inter-state sale is used for manufacturing of float glass which is not covered by the definition of goods under section 2(d) of the CST Act. […]

HC directs Custom authorities to release Vessel MT Global on Furnishing of Bond & Deposit

December 10, 2020 2037 Views 1 comment Print

Global Ace Shipping Lines Inc. Vs Office of The Principal Commissioner of Customs (Import-I) and Another (Bombay High Court) If a conveyance is used as a means of transport in the smuggling of any goods, it shall be liable to be confiscated. However, it will not be confiscated if the owner proves that it was […]

HC directs Authorities to release seized imported pistachio as detention period exceeded 6 months

December 9, 2020 948 Views 0 comment Print

Since the authorities had detained the goods without affecting seizure and they had exceeded the time limit for detention of the goods even if it was construed to be a case of seizure therefore, authorities were directed to forthwith release the imported goods of assessee covered by the bill of entry on completion of the necessary legal formalities.

Petition cannot be filed before HC when alternate remedy exists merely for necessity of pre-deposit for Appeal

December 8, 2020 1659 Views 0 comment Print

Raju Laxman Pachhapure Vs Union of India (Bombay High Court) In this case Appellant submits that although there is a statutory remedy of appeal available against the order and though the petitioners are desirous of filing the same but because a pre-deposit would be necessary for filing an appeal which would be burdensome on the […]

HC grants Relief under SVLDR Scheme to Saksham Facility Services Private Limited

December 8, 2020 708 Views 0 comment Print

Designated Committee was directed to consider afresh the declaration of assessee under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019  as a valid declaration and grant the consequential relief after giving due opportunity of hearing to assessee.

Section 80IB(10) deduction cannot be disallowed for whole project for violation in few units

December 1, 2020 3141 Views 0 comment Print

Kamat Constructions Pvt. Ltd. Vs ACIT (Bombay High Court) In this case the Assessing Officer (AO) vide Order dated 31.01.2014 disallowed deductions to the assessee under Section 80IB(10) of the Income Tax Act, 1961 (said Act) in respect of its housing project “Kamat Riviera” inter alia on the ground that 4 out of the 60 […]

Adjudication of Show-Cause Notices after 13 years is untenable in law: Bombay HC

November 26, 2020 13071 Views 1 comment Print

Bombay High Court held that, the commencement of adjudication proceedings after inordinate delay of 13 years post-issuance of Show Cause Notices is untenable in law and any consequential decision or order based on such adjudication proceeding is therefore, held to be invalid.

Banks eligible to avail CENVAT Credit on Deposit Insurance Services

November 26, 2020 675 Views 0 comment Print

The insurance service provided by the Deposit Insurance Corporation to the banks is an ‘input service’ and CENVAT credit of service tax paid for this service received by the banks from the Deposit Insurance Corporation can be availed by the banks for rendering ‘output services’.

Consider afresh declaration under SVLDRS 2019 & grant consequential relief: HC directs Designated Committee

November 26, 2020 774 Views 0 comment Print

G. R. Palle Electricals Vs Union of India & Ors. (Bombay High Court) As has been held by us in Thought Blurb Vs. Union of India, decided on 27.10.2020, the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 is a beneficial one with the prime object of unloading the baggage of pending litigations centering around service […]

HC directs Designated Committee to consider Assessee SVLDR Scheme declaration as valid

November 26, 2020 699 Views 0 comment Print

While considering a declaration seeking amnesty under the scheme; the approach should be to ensure that the scheme was successful and therefore a liberal view embedded with the principles of natural justice was called for. Thus, rejection of the declaration of assessee by the Designated Committee was not justified. Accordingly, the consequential relief was granted in terms of the scheme after giving an opportunity of hearing to assessee, who shall be informed about the date, time, and place of the hearing.

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