Bombay HC rules in favor of Kusharaj Bhandary, nullifying an assessment and penalty order due to TDS credit error. Outcome highlights rectification rights.
Non-disposal of application for registration u/s 12AA(2) within a period of six months would not result in deemed grant of registration as Parliament had carefully and advisedly not provided for such deeming fiction.
Assessee was engaged in the business of purchasing and renting properties, as also the entire income of the assessee was based on the income received from leasing its properties.
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.
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.
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.
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.
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.
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.
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.
