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Bombay High Court

Filing of refund claim u/s 27 after one year of date of excess duty payment is barred by limitation

September 3, 2023 3711 Views 0 comment Print

Bombay High Court held that filing of refund application u/s. 27 of the Customs Act after more than two years of date on which excess duty payment was done is clearly beyond the period of one year as contemplated by the Customs Act and hence is barred by limitation.

Reopening of assessment after full and true disclosure of material facts unsustainable

September 3, 2023 2247 Views 0 comment Print

Bombay High Court held that reopening of assessment u/s 147 of the Income Tax Act unsustainable as the assessee has fully and truly disclosed all the material facts.

Show cause notice should be adjudicated within a reasonable time

September 2, 2023 4029 Views 0 comment Print

Bombay High Court held that show cause notice should be adjudicated within a reasonable time and there should not be an egregious, unjustified and unexplained inordinate delay.

HC upholds rejection of application for condonation of delay in Filing ITR filed after 16 years

September 1, 2023 2295 Views 0 comment Print

A detailed analysis of the Bombay High Court’s verdict in Mathuradas Narandas & Sons Forwarders Ltd. vs. CBDT, highlighting the significance of timely ITR filing.

Satellite derived 3D model services – OIDAR or Export of Services?

August 31, 2023 1149 Views 0 comment Print

Globolive 3D Private Limited Vs Union of India (Bombay High Court) Introduction: The Bombay High Court recently delved into a significant issue concerning the nature of Satellite derived 3D model services. The core matter revolved around whether such services should be categorized as Online Information Database Access or Retrieval (OIDAR) services or considered as an […]

Writ Maintainable for Authority’s Jurisdictional Error & Violation of Natural Justice

August 31, 2023 2118 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that writ under Article 226 would be maintainable if the Order has been passed beyond the Show Cause Notice as the action of an authority is wholly without jurisdiction and contrary to the principles of natural justice and in such case the Petitioners should not be relegated to an alternative remedy.

Reopening after 4 years invalid if AO fails to Establish Assessee’s Failure to Disclose Material Facts

August 29, 2023 678 Views 0 comment Print

Analysis of Bombay HC ruling in Naroli Resorts vs ACIT on reopening tax assessment after four years. Did the assessee disclose all material facts?

Royalty for technology use should be aggregated with other international transactions in manufacturing segment

August 23, 2023 1461 Views 0 comment Print

Bombay High Court held that the transaction of payment of royalty for use of technology is inextricably linked with manufacturing activity and should be aggregated with other international transactions in the manufacturing segment for the purposes of benchmarking the same 

Validity of circular 80/10/2004-ST not examined as notice issued on same matter be adjudicated by designated officer

August 20, 2023 912 Views 0 comment Print

Bombay High Court held that validity of circular no. 80/10/2004-ST dated 17 September 2004 cannot be examined vide the present petition as the same is already subject matter of contention in the show cause notice issued to one of the petitioner’s member M/s. Transocean Offshore International Ventures Ltd. and hence designated officer will adjudicate the same.

Assistant Commissioner has no authority to alter findings of higher authority

August 19, 2023 2964 Views 0 comment Print

HC set aside order passed by Assistant Commissioner and held that revenue officers are required to follow principles of judicial discipline and accordingly are bound by decisions of Appellate Authority.

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