Payment of Pre- Deposit can be made by Utilizing Electronic Credit Ledger: Gujarat HC [Read Order]
A Division Bench of the Gujarat High Court reiterated that the payment of pre- deposit can be made by utilizing electronic credit ledger. The Assistant Commissioner, CGST and Central Excise, Division – I, Surat has
No Employer-Employee Relationship Between Piramal Enterprises and Doctors to Levy FBT: ITAT deletes Addition u/s 115WB (2)(d) and S. 115WB(2)(o) [Read Order]
The Mumbai bench of the Income Tax Appellate Tribunal ( ITAT ) has ruled that there exists no employer-employee relationship between Piramal Enterprises and doctors, leading to the deletion of additions under Sections 115WB(2)(d) and
Applications for CIRF Proceedings under Insolvency Bankruptcy Code 2016: A Complete Case Analysis
The Insolvency and Bankruptcy Code, 2016 ( IBC, 2016 ) was recommended on 31st May 2005. The code deals with time-bound proceedings, applicability and accessibilities, moratorium and suspension of the proceedings, setting up of operating
Error on part of Auditor is Reasonable Cause for Delay in Claiming Exemption: Bombay HC Condones Delay [Read Order]
The Bombay High Court viewed that the error on the part of the auditor is reasonable cause for delay in claiming exemption and condoned the delay. Since the delay has been condoned, Respondent shall process
The saga of GST on Ocean Freight… Vaster than the Ocean itself!
It appears as if the taxability of Ocean Freight is a magnet of litigation under the Indian Indirect tax regime. Initially under Service Tax, ocean freight was exempt. However, the same was made subject to
Bombay HC condemns Action of Designated Committee of straight away issuing Form SVLDRS 3, directs to Issue Form SVLDRS 2 and Afford Personal Hearing [Read Order]
The Bombay High Court recently quashed and set aside Form SVLDRS 3, issued without issuance of Form SVLDRS 2 while directing the designated committee to issue Form SVLDRS 2 and afford an opportunity of personal
Bombay HC directs Disciplinary Action against AO as no Order passed on Rectification Application under Income Tax Act for Six Years [Read Order]
The Bombay High Court directed disciplinary action against the Assessing Officer ( AO ) as no order was passed on the rectification application under the Income Tax Act, 1961 for six years. The Petitioner has
Supreme Court & High Courts Weekly Round up
This weekly round-up analytically summarises the key stories of the Supreme Court & High Court cases reported at taxscan.in, from April 13th, 2024 to April 20th, 2024. SUPREME COURT Licensing of software products of Microsoft
Power of recall is not Power of  Tribunal to rehear case,  which is scope of Review of Judgment : NCLAT [Read Order]
The Delhi bench of the National Company Law Appellate Tribunal(NCLAT) held that power to recall is not power of the tribunal to rehear the case , which is the scope of review of judgment. The
HC as Appellate Court not to Interfere with Orders of ITSC: Bombay HC [Read Order]
A Division Bench of the Bombay High Court ruled that the High Court as an Appellate Court is not empowered to interfere with orders of the Income Tax Settlement Commission ( ITSC ). It is
ED cannot record Statement at Night by Depriving Person’s Right to Sleep: Bombay HC [Read Order]
In a much significant ruling, the Bombay High Court held that the Enforcement Directorate ( ED ) cannot record statement at night by depriving person's right to sleep. By the writ petition preferred under Article
Bombay HC Invalidates GST Demand on Ocean Freight from outside India Citing Ultra Vires Notification, Upholds SC and Gujarat HC Verdicts in Mohit Minerals [Read Order]
The High Court of Bombay has struck down a Goods and Services Tax (GST) demand on ocean freight for services originating from outside India. The ruling cited Notification No. 8/2017-Integrated Tax (Rate) dated 28th June
Supreme Court and High Courts Weekly Round Up
SUPREME COURT Services Rendered with Procurement of Goods for Exports are not to be categorised as intermediary services: Supreme Court Dismisses Appeal COMMISSIONER OF G.S.T. AND CENTRAL EXCISE vs M/S SNQS INTERNATIONAL SOCKS PRIVATE LIMITED
Issuance of Reassessment order against Housewife on Property being purchased by Husband is Invalid: Bombay HC [Read Order]
In a significant ruling, the Bombay High Court held that the issuance of reassessment order against housewife on property being purchased by husband is invalid. The petitioner, a housewife who had no income and therefore,
Dissatisfaction to be Recorded by AO regarding Correctness of Claim of Assessee Relating to Expenditure u/s 14A(2) of Income Tax Act: Bombay HC [Read Order]
The Bombay High Court recently observed that the dissatisfaction should be recorded by the Assessing Officer (AO) regarding the correctness of the claim of assessee relating to the expenditure under Section 14A(2) of the Income