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Search results for: High Court of Bombay

Orissa HC's Order In the Case of Debasis Nandi vs Commissioner of Commercial Taxes and GST

Orissa High Court Quashes Rejection of GST Appeal Filed with Minor Delay

The Orissa High Court, in a ruling, set aside the rejection of a GST appeal filed with a short delay, holding that sufficient cause was shown and that the principles of natural justice require giving the taxpayer an opportunity to explain the delay. The applicant, Debasish Nandi, submitted the writ petition contesting the rejection order […]

Bombay HC's Order In the Case of Director Ms Suchishree Mukherjee W/o Sandeep Kunte vs. Union of India

Bombay HC Mandates a Minimum 3-Month Timeline Between SCN and Final GST Order

The Bombay High Court (Nagpur Bench) held that a three-month gap between the issuance of a GST show cause notice (SCN) and the passing of a final order must be there under section 73 of the CGST Act, 2017. A writ petition has been submitted by the applicant, A.M. Marketplace Pvt. Ltd concerning whether the […]

Bombay HC's Order in The Case Of Aerocom Cushions Private Limited vs. Assistant Commissioner (Anti-Evasion)

Bombay HC Clarifies GST Not Applicable on MIDC Plot Transfers to Third Parties

The Nagpur Bench of the Bombay High Court has provided relief to the business community, especially in Maharashtra, by holding that GST is not applicable on the transfer of plots allotted by the MIDC to third parties. This judgment clears long-standing confusion caused by GST notices issued to several companies over the years. The ruling […]

Bombay HC's Order In The Case of Rajesh Praful Chordiya vs. The State Of Maharashtra And Others

Bombay HC: Only GST Authority Can Issue Clearance Certificates for Govt Tenders, Not CAs

The Aurangabad Bench of the Bombay High Court has decided that a GST clearance certificate required for a government tender must be given by the GST Authority itself and not by a private professional like a Chartered Accountant. The Court does not find anything unfair in rejecting a technical bid for not following this required […]

Bombay HC's Order In The Case of Shabana Aijaz Khan Vs. Income Tax Officer, International Tax Ward- 3(1)(1), Mumbai & Ors

Bombay HC Sets Aside Section 148 Notice, Says Only Faceless AO Can Reopen Assessments

The reassessment notice issued u/s 148 of the Income Tax Act, 1961, has been quashed by the Bombay High Court, citing that the reassessment notice did not comply with the mandate that the Faceless Assessing Officer only has the jurisdiction to reopen the assessment and not the Jurisdictional Assessing Officer. Also, even international taxation matters […]

Bombay HC Order In The Case of M/S Suman S. Construction V/S Union of India & ORS

Bombay HC: Finance Act Section 74 Cannot Be Used to Reassess Service Tax Liability

On November 14, 2025, the High Court of Bombay in Aurangabad turned down a request from M/s Suman Construction, a civil contractor registered with the government. The company was disputing a demand for service tax that was related to the road construction projects it completed for government departments. The problem before the court was whether […]

Bombay HC's Order in The Case of Balaji Landmarks LLP Eartwhile vs. Central Board Of Direct Taxes (CBDT)

Bombay HC: Delay in Filing ITR Due to CAs Advice Does Not Constitute Assessee’s Negligence

The Bombay High Court has determined that an assessee should not face penalties for delays in the submission of their tax return attributable to the late guidance provided by their chartered accountant. The bench mentioned that the delay is not because of any negligence on the taxpayer’s end but due to insufficient suggestions via the […]

Bombay HC's Order in The Case of West India Continental Oils Fats Pvt. Ltd. vs. The Union of India

Bombay HC: Authority Must Pay ₹71.31 Lakh Interest on IGST/RCM Ocean Freight Refund

The Bombay High Court ruled that the authority must pay ₹71.31 lakh as interest on the refund of illegally collected IGST (Integrated Goods and Services Tax) under the Reverse Charge Mechanism (RCM) on ocean freight. Justices M.S. Sonak and Advait M. Sethna considered that the applicant had submitted IGST, which the respondents used up to […]

Bombay HC Grants Stay on 18% GST for Hotel Restaurants

Bombay HC Halts 18% GST on Hotel Restaurants; Sparks Debate on Tax Classification

The Bombay High Court’s Aurangabad bench, in a relief to the hospitality sector, had delivered an interim stay on the charge of 18% GST on restaurant services situated within hotels where the room tariff surpasses Rs 7,500 per day. The Union of India, the GST Council, and the State of Maharashtra received the notices from […]

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