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Search results for: High Court of Bombay

Calcutta HC's Order in The Case Of IVL Dhunseri Petrochem Industries Private Limited vs. Union of India & Ors

Calcutta HC Suspends IT Reassessment Section 148 Over Ignored Reply to Notice U/S 133(6)

The Calcutta High Court has stayed reassessment proceedings initiated u/s 148 of the Income Tax Act, 1961, for the AY 2021-22, on a prima facie basis, that the reassessment notice seemed to have been issued without acknowledging the taxpayer’s detailed replies provided earlier in reply to a notice u/s 133(6) of the Income Tax Act. […]

Gujarat HC's Order in The Case of Shree Ambica Auto Sales And Service & Anr. vs. Union Bank of India & Anr

Gujarat HC: Rectification Allowed for Bona Fide and Inadvertent Errors in GST Returns

The petitioner, Shree Ambica Auto Sales And Service and another party, purchased vehicles and received a benefit called input tax credit (ITC) based on official tax invoices from their supplier. Later on, the supplier provided credit notes to the petitioners as a way to give discounts after the sale, as part of a promotional sales […]

Karnataka HC's Order in The Case of IDP Education India Pvt Ltd vs. The Union Of India

Karnataka HC: Education Services Fall Outside the ‘Intermediary’ Definition; GST Refund Allowed

The Karnataka High Court has annulled a Goods and Services Tax (GST) appellate order issued against an education services company, directing the tax authorities to process a refund exceeding Rs 3.91 crore, which includes applicable interest. The court determined that the services provided by the company do not qualify as those of an “intermediary” under […]

Gujarat HC's Order in The Case of Gateway Exim vs. State of Gujarat Through Commissioner of State Tax

GST | Failure to Intimate Personal Hearing Violates Natural Justice; Gujarat HC Quashes Order

The Gujarat High Court has quashed a GST order that had been issued against the entity for failing to intimate the personal hearing, noting that after the issuance of DRC-01, the authority did not provide the date and time of the personal hearing, which was a violation of the principles of natural justice. The court, […]

Delhi HC's Order in The Case of Sanjay Khurana vs. Income Tax Department Ministry of Finance

Delhi HC Dismisses Plea to Condonate ‘Huge’ 9-Month Delay in Revised ITR Filing

The Delhi High Court has turned down a petition challenging a decision to deny a request for extra time to submit an updated Income Tax Return (ITR). The bench stated that the nine-month delay in filing the revised return was too huge and that the applicant did not deliver an adequate explanation to justify the […]

Delhi HC's Order In the Case of M/s Aar Gee Impex vs. Directorate General of Services Tax Intelligence

Delhi HC: GST Section 83 Can’t Continue Beyond One Year; Orders Release of Min. Bank A/c Balance

The Delhi High Court stated that a provisional attachment order under section 83 of the Goods and Services Tax Act, 2017 (GST Act) cannot continue after its statutory one-year period, directing the de-freezing of a GST-implicated entity’s bank account while charging a minimum-balance requirement. A petition has been filed by M/s Aar Gee Impex contesting […]

Delhi HC's Order in The Case of Ms J M Jain Prop Sh Jeetmal Choraria vs. Union of India

Delhi HC Validates GST Notice Using IT Intelligence, Warns Against AI-Generated Citations in SCN

In a writ petition, the Delhi High Court has upheld the Show Cause Notice (SCN) issued by the GST Department, which was based on an intelligence, by the Income Tax Department. The Division Bench, Justice Prathiba M. Singh and Justice Shail Jain ruled the challenge to the SCN as ‘premature’ and noted the existence of […]

SC's Order In the Case of Kanak Impex Ltd. vs. Principal Commissioner of Income Tax

SC Dismisses Special Leave Petition on 100% Tax Addition U/S 69C for Fake Purchases

The Bombay High Court’s ruling has been kept by the Apex court, which restored the assessing officer’s 100% addition of Rs 20.06 crore as fake purchases u/s 69C, dismissing the Special Leave Petition. The court, post-hearing the counsel and analysing the record, does not discover any reason to interrupt with the findings of the High […]

Mumbai ITAT's Order in the Case of Attivo Protezione Pvt Ltd vs. ITO

Mumbai ITAT Dismisses Appeal: Tax Consultant’s Failure Is Not ‘Sufficient Cause’ for 1,370-Day Delay

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has dismissed the appeal based on inordinate delay of 1,370 days in filing, holding that the taxpayer’s reliance on its tax consultant’s failure to advise remedial action does not comprise “sufficient cause” for condonation u/s 5 of the Limitation Act, 1963. An order dated 29 […]

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