‘Finality of Decision and Non – Arbitrability’ Clause In GCC Does Not Imply an Arbitration Agreement: Bombay HC [Read Order]
The Bombay High Court has held that the 'Finality of Decision and Non - Arbitrability' clause in the General Conditions of Contract (“GCC”) does not imply an arbitration agreement. Kalpataru Projects International Ltd, the applicant
Bombay High Court Cautions Departmental Advocates for Re-arguing Settled Concluded Issues [Read Judgment]
A division bench of the Bombay High Court, last week slammed the departmental advocates for re-arguing settled concluded issues. The question that came before the Bombay High Court in The Pr. Commissioner of Income vs.
Pending Writ Petition cannot be Clog on Title: Bombay HC rejects Claim of  Recovery of Tax by MIDC [Read Order]
Rejecting the claim of Maharashtra Industrial Development Corporation (MIDC), on recovery of tax the Bombay High Court observed that a pending writ petition cannot possibly be a clog on the title. The Applicant, RVS Global
Relief to Coca-Cola: Bombay HC quashes Notice for Reopening of Assessment as it was beyond 4 years from the end of Assessment Year [Read Order]
In a major relief to the Coca Cola India, the Bombay High Court quashed the notice for reopening of assessment as it was beyond 4 years from the end of Assessment Year. The Petitioner is
Refusal to follow the decision of Co-ordinate bench of Tribunal amount to breach of judicial discipline: Bombay HC [Read Order]
The Bombay High Court, in a recent decision held that refusal of the Tribunal to follow the decision of the co-ordinate bench, without any reason, would result in breach of principles of judicial discipline. Further,
Bombay HC directs to Refund of amounts paid during the Course of the Investigation [Read Order]
The Bombay High Court directs the department to refund the amount along with interest which was paid during the course of the investigation. Shreenathji Logistics, the Petitioner is seeking a Writ of Certiorari, Writ of
Bombay High Court directs GST Department to issue Norms for Issuance of Summons during Investigations [Read Order]
The division bench of Justice R D Dhanuka and Justice S M Modak of the Bombay High Court has expressed its concern over the allegations made by several assessees in various petitions about the repeated
No TDS deductible on Business Support Services, not Taxable as FTS: Bombay HC grants relief to Shell India [Read Order]
In a major relief to Shell India Markets Private Limited, the Bombay High Court ruled that no TDS deductible on Business Support Services and it is not taxable as fees for technical services ( FTS
Delay in passing orders within the Statutory Time Limit cannot be justified on Ground of ‘Administrative Clearance’: Bombay HC [Read Order]
In a recent ruling, the division bench of the Bombay High Court quashed the order of the ITAT passed with a delay of more than 90 days and held that the delay cannot be justified
Sale of Transferable Development Rights does not attract Capital Gains Tax: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Mumbai has held that sale of transferable development rights does not attract capital gains tax since the cost of acquisition for the same does not exist. consisting of members
Writ Petition not maintainable as Statutory Alternative Remedy is available for under MVAT Act: Bombay High Court [Read Order]
The Bombay High Court ruled that the writ petition is not maintainable as Statutory Alternative Remedy is available for under Maharashtra Value Added Tax Act (MVAT). An order passed by the Sales Tax Officer could
Contention not raised before Lower Authorities, cannot constitute ‘Substantial Question of Law’: Bombay High Court [Read Judgment]
The Bombay High Court, in the case of L & T Finance Ltd. v. DCIT, held that a new contention which was not raised before the lower forums does not constitute a ‘substantial question of
Order of Attachment with one year Period to Deposit Amount of Cheque will not Prevent Assessee from Honoring Cheque: Bombay HC
The Bombay High Court in its recent judgement has held that the order of attachment with one year period to deposit the amount of the cheque will not prevent the assessee from honoring the cheque.
Bombay HC directs GST Authority to process Application for IGST Refund as no order was passed [Read Order]
The Bombay High Court directed the GST Authority to process the application for IGST refund and pass a reasoned order as  no order was passed. The petitioner, Evertime Overseas Private Limited claimed that he is
Appeal need not be filed on Re-Assessment of Bill of Entry, Refund Permissible: CESTAT[Read Order]
The Customs, Central Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai bench has held that the appeal not be filed on the re-assessment of the Bill of Entry and therefore, the refund arising out of