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Bombay High Court

PMLA cases are totally independent of base offences: HC

March 28, 2021 6762 Views 0 comment Print

Babulal Verma Vs Enforcement Directorate (Bombay High Court) For initiation/registration of a crime under the PMLA, the only necessity is registration of a Predicate/Scheduled Offence as prescribed in various Paragraphs of the Schedule appended to the Act and nothing more than it. In other words, for initiating or setting the criminal law in motion under […]

I-T Refund cannot be adjusted by more than 20% of Demand: HC

March 25, 2021 12927 Views 0 comment Print

Vrinda Sharad Bal Vs ITO (Bombay High Court) The Bombay high court recently held that income tax (I-T) officers cannot adjust the refunds due to taxpayers against outstanding demands in excess of the limits laid down in instructions, circulars and guidelines issued by the Central Board of Direct Taxes (CBDT). he I-T returns for the […]

Violation of principles of natural justice in case goods confiscated without providing an opportunity to importer to call the grounds for valuation

March 25, 2021 1155 Views 0 comment Print

SYSKA LED Lights Pvt. Ltd. Vs Union of India (Bombay High Court) Conclusion: Since the respective authority had confiscated the imported goods without providing an opportunity to importer to call upon the proper officer to disclose the grounds for valuation , therefore, the impugned order in original was clearly unsustainable in law being in violation […]

HC Court set aside Statement in SVLDRS-3 issued without affording opportunity of hearing

March 18, 2021 918 Views 0 comment Print

Chinar Shipping & Infrastructure (India) Pvt. Ltd. Vs Union of India (Bombay High Court) It could not be out of place to refer to a decision of Karnataka High Court in the case of Kiran Borewells Vs. Union of India wherein the impugned order was set aside finding that decision had been taken without providing […]

ITAT treated same transaction in case of Co-Owners differently: HC remits back for reconsideration

March 17, 2021 993 Views 0 comment Print

Bombay High Court ruling on joint land purchase, capital gains. Amjad Ahmedbhai Sheikh Vs ACIT case details. Read the full judgment.

SVLDRS application cannot be rejected merely for initiation of enquiry after 30.06.2019

March 12, 2021 1206 Views 0 comment Print

New India Civil Erectors Private Limited Vs Union of India (Bombay High Court) A careful reading of the query and the answer given thereto would make it clear that if an enquiry or investigation or audit was initiated on or before 30.06.2019 then such a person would not be eligible to make a declaration under […]

Condonation of delay allowable if appeal by speed post was within limitation period & extended period expired on public holiday

March 12, 2021 4908 Views 0 comment Print

Dispatch of the appeal by assessee on 02.12.2019 was within the extended period of limitation of one month and, therefore, without considering the prayer for condonation of delay of assessee, respondent No.1 ought not to have rejected the appeal as being time barred by taking the ground that he had no jurisdiction to condone the delay beyond the extended limitation period of one month.

Bail Granted to accused arrested for availing ineligible ITC of Rs. 9 Crore

March 11, 2021 2943 Views 0 comment Print

The Hon’ble Bombay High Court in Sunil Kumar Jha and Akshay Chhabra v. Union of India & Ors. [Writ Petition (ST) No. 5484 of 2021 & Writ Petition (ST) No. 5486 of 2021, decided on March 11, 2021] granted bail to the accused arrested under Section 69 of the Central Goods and Services Tax Act, […]

No Section 271(1)(c) Notice without mentioning particular limb

March 11, 2021 6339 Views 0 comment Print

Mohd. Farhan A. Shaikh Vs DCIT (Bombay High Court) Conclusion: In present facts of the case, the Larger Bench of the Hon’ble High Court was referred an issue ‘mere failure to tick mark the applicable grounds’ in the notice issued under Section 271 of the Income Tax Act, 1961 (IT Act) vitiate the entire penalty […]

Bank account of Family Members cannot be attached for Tax Dues of Assessee

March 10, 2021 4716 Views 0 comment Print

Dharmesh Gandhi Vs Assistant Commissioner (Anti-Evasion) (Bombay High Court) After hearing the matter at some length, we find that out of the nine bank accounts that have been attached by respondent No.1, only the accounts at Sr. Nos.2, 3 and 4 belong to the petitioner whereas the other accounts belong to the family members, namely, […]

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