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Search results for: Bombay High Court

Bombay HC's Order In the Case of Om Impex vs. The State of Maharashtra

Bombay HC Quashes Rejection Order for Voluntary GST Cancellation Due to Lack of Stated Reasons

The Bombay High Court carried that as the revocation orders for the registration cancellation on the application of the applicant were passed opposite to the norms of natural justice, after that all the forthcoming proceedings have been initiated, which are consequential, would get quashed. The Division Bench of Justice M. S. Sonak and Justice Jitendra […]

Mumbai ITAT's Order In Case of DCIT-42 vs. Sunil Harischandra Keni

Mumbai ITAT Cancels Assessment Order Until Higher Income Tax Authority Approves It Under Section 151

The income tax assessment order has been quashed by the Mumbai Bench of Income Tax Appellate Tribunal (ITAT) as of the absence of higher authority approval u/s 151 of the Income Tax Act, 1961 for the reopening beyond three years. The taxpayer Sunil Harischandra Keni, filed a return claiming an income of Rs. 16,42,210 for […]

Bombay HC's Order in the Case of Tikona Infinet Private Limited Vs. Union of India

Bombay HC: Assessee Can’t Be Refused ITC Solely for Filing GST Forms Manually Due to Portal’s Functionality Issues

An unexpected issue emerged, in which it was stressed that technicalities made via the Department and not the assessee must not be put forth by the department to defeat the legal rights and entitlements of the assessees. It was carried out by the Bombay High Court that the related Revenue officials (respondent) could not refuse […]

Bombay HC's Order In Case of L & T Hydrocarbon Engineering Ltd & Anr Vs Union of India

Bombay HC Cancels GST Demand Notice Against Larsen & Toubro Company

The Bombay High Court has quashed a Rs 2,237-crore GST demand raised against the company, Larsen & Toubro said. A Writ Petition by the Company was filed on August 14, 2023, in the Bombay High Court against the Show Cause Notice (SCN) issued by the Principal Commissioner of GST and Service Tax, Mumbai towards Service […]

Bombay HC's Order in Case of Hemant Mahipatray Shah Vs Anand Upadhyay

Bombay HC Sets Aside Tax Notice Against Director as TDS Already Deposited with Interest

The issuance of the process has been quashed by the Bombay High Court which is served on the directors of the company, M/s. Hubtown Ltd., for offences punishable u/s 276B and 278B of the Income Tax Act for the delay in depositing the TDS as the TDS deducted by the company had already been deposited […]

Bombay HC's Order in Case of Kairos Properties Private Limited Vs Assistant Commissioner of Income-tax

Bombay HC Quashes Jurisdictional AO’s Exercise U/S 148A Conducted Outside Faceless Mechanism

Observing that the scheme shown by the Central Government does not envisage exclusion of provision of section 148A since the process shown within the mentioned provisions is inextricably associated with Section 148, the Bombay High Court has quashed the whole exercise that the jurisdiction AO has performed under section 148A outside the faceless procedure. Section […]

Bombay HC's Order In The Case Of B. G. Exploration and Production V/S State of Maharashtra

Bombay HC Rejects Show Cause Notice for Lack of Legal Document Requirements

The Bombay High Court has quashed a show cause notice issued in a standardized printed format, which only included the period, date, and time, but lacked any specific details regarding the information or documents required from the petitioner to be presented. The bench, consisting of Justices K. R. Shriram and Jitendra Jain, observed that before […]

Bombay HC's Order in the Case of Benaifer Vispi Patel Vs. The Income Tax Officer

Bombay HC: AO Must Verify the Accuracy of Information Before Initiating a Reassessment

The Bombay High Court has determined that Assessing Officers (AOs) must verify information before initiating reassessment proceedings based on faceless data. This ruling comes from a bench of Justices G.S. Kulkarni and Somasekhar Sundaresan, who underscored the importance of verification when AOs intend to act under Section 148 of the Income Tax Act, particularly when […]

Bombay HC's Order In Case of Umang Mahendra Shah Versus Union of India & Ors.

Bombay HC: IT Section 148A(d) Order Cannot Be Passed Without a Valid Sanction Under Section 151

If an order is passed under section 148A(d) of the Income Tax Act in the lack of an appropriate sanction as per the provisions of Section 151 of the Income Tax Act, the order and the resulting notice u/s 148 shall need to be declared illegal, the Bombay High court ruled. The bench of Justice […]

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