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Search results for: Bombay HC

Bombay HC’s Order for Anvita Associates

Supply to Mahindra Logistics, Bombay HC Permits Taxpayer to Rectify GSTR-1 Filings

Overview of GSTR-1 Recently the Bombay High Court addressed issues connected to GST returns in the case of Anvita Associates vs. Union of India. The applicant asks for relief for the inadvertent errors in GSTR-1 filings, especially following the supply to Mahindra Logistics. The decision of the court has permitted the amendment of the error […]

Bombay HC's Order for Star Engineers (I) Pvt. Ltd

Bombay HC Permits Rectification of Factual Mistakes in GSTR-1 Beyond Specified Time

A GST assessee is permitted by the Bombay High Court to amend the bonafide mistake in the GST Form GSTR-1 beyond the set time duration. The petition contested a communication dated 27th September 2023 from the respondent-Deputy Commissioner, State Tax. In response to the petitioner’s application to modify or amend form GSTR-1 for the financial […]

Bombay High Court's Order for T.V. Patel Pvt. Ltd.

Bombay HC: It’s Not Fair to Charge Taxes Based on Assumptions Made By a Lower Court Without Proper Investigation

The ruling by the Bombay High Court clarifies that it’s impermissible to levy taxes on an amount that the assessee hasn’t accrued or received, based solely on the assumption that the Small Causes Court might eventually favour the appellant or assessee by ordering such a sum. Justice G.S. Kulkarni and Justice Jitendra Jain noted that […]

Bombay HC's Order for Serum Institute of India Pvt Ltd

Bombay HC Cancels Serum Institute of India’s Appeal Challenging 2016 Amendment to IT Act

A petition that the Serum Institute of India Pvt Ltd had filed that contested a 2016 amendment to the income tax act has been dismissed by the Bombay High Court. The bench of Justice K. R. Shriram and Justice Neela Gokhale witnessed that the revision of section 2(24) by the insertion of the impugned sub-clause […]

Bombay High Court's Order for Hongkong and Shanghai Banking Corporation

Bombay HC: Order Council to Return Tax Amount Deposit via HSBC Under Protest

The Bombay High Court has directed the council to refund the tax deposited via HSBC during the protest. The bench of Justice G. S. Kulkarni and Justice Jitendra Jain noted that once the amounts were deposited via the applicant and retained via the council without the authority of law, the applicant’s claim for the refund […]

Bombay HC's Order for Makersburry India Pvt. Ltd

Bombay HC Rejects Imperfect SCN Regarding GSTIN Cancellation Issued by Govt Officials

The impugned show cause notice (SCN) has been set aside by the Bombay High Court which was been issued via the GST officials for the GST registration cancellation. The unclear reasons are been criticized by the court provided in the show cause and the lack of clarity in the orders. The requirement for responsible and […]

Bombay HC's Order for Hemant Dinkar Kandlur

Bombay HC: Investing in India Will Not Be Affected by Any Amendment Made to I-T Section 54

Recently, the Bombay High Court has ruled that the amendment made in accordance with section 54 of the Income Tax Act, 1961, doesn’t have a retrospective impact on limiting investments in India. This amended provision takes effect from April 1, 2015, and will be applicable in the future, but not before the amendment date. The […]

Bombay High Court's Order for Ashraf Chitalwala

Bombay HC Cancels Re-assessment Order in the Absence of Any New Information

The Bombay High Court has invalidated the reassessment order, which was made solely due to a change of opinion without presenting any substantial new evidence. A panel of judges, including Justice K. R. Shriram and Justice N. K. Gokhale, has noted that the petitioner had provided complete and accurate information required for the assessment process. […]

Bombay HC’s Order for Grasim Industries Ltd

Bombay HC Orders Dept for Granting TDS Refund to Assessee Under Protest

While invoking the doctrine of unjust enrichment, the Bombay High Court said to the department to refund the TDS amount deposited via taxpayer under protest. Technically, when the amount deposited via the petitioner is called ‘tax deductible at source’, what the petitioner paid was ‘an ad hoc amount, not technically a TDS amount’. Also, as […]

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