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The Bombay High Court recently determined that under Rule 86A of the Central Goods and Services Tax (CGST) Rules, 2017, Input Tax Credit (ITC) cannot be restricted if the taxpayer’s electronic credit ledger shows a nil balance on the date the blocking order is issued. This ruling emphasises the conditions under which ITC can be […]
If a notice regarding Goods and Services Tax (GST) is sent to an outdated address after a person’s registration has been cancelled, such notice is deemed invalid, the Bombay High Court has recently ruled. The court further stated that making decisions based on a notice not properly served violates fair legal practices. Dipak Metal Industries, […]
The Bombay High Court has accepted an appeal for hearing filed by the Principal Commissioner. This appeal challenges a previous decision made by the Pune ITAT, which had ruled in favour of a joint venture involving Subhash and B.T. Patil and Sons, along with N.V. Kharote Construction Pvt. Ltd. The issue is of TDS applicability […]
The Bombay High Court has clarified that payments made to consultant doctors do not qualify as salary if there is no fixed pay established. Consequently, these payments are subject to Tax Deduction at Source (TDS) under Section 194J of the Income Tax Act, 1961. The Appellant, which is the Revenue, has filed a challenge against […]
The Bombay High Court has ruled that interest earned on fixed deposits and TDS refunds related to business activities are eligible for deduction under Section 80IA of the Income Tax Act. This decision provides clarity on the classification of these income types in the context of tax deductions. Tax incentives for businesses are being given […]
The Bombay High Court has ruled that notifications related to the Reverse Charge Mechanism (RCM) that deny Input Tax Credit (ITC) to service providers are legally acceptable. The court stated that these decisions do not violate the rights guaranteed by articles 14 and 19(1)(g) of the Constitution, which are designed to ensure equality and the […]
The sale proceeds of one residential house, used for the purchase of multiple residential houses, shall come under the exemption u/s 54(1) of the Income Tax Act, the Bombay High Court ruled. The bench witnessed that the issue is whether Section 54(1) of the Income Tax Act permits the taxpayer to set off the cost […]
A GST order can’t be a copy-paste of the show cause notice, and that independent reasoning must be present, the Bombay High Court ruled. Justices M.S. Sonak and Jitendra Jain mentioned that “simply cutting and pasting the allegations in the show cause notice or mechanically reciting them verbatim does not inspire confidence that due consideration […]
A cash credit account cannot be treated as the property of the account holder, which can be considered u/s 83 of the GST Act, the Bombay High Court mentioned. The Division Bench of High Court Justices Jitendra Jain and M.S. Sonak noted that the phrase ‘including bank account’ follows the phrase “any property” shall be […]
