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Tag: Bombay HC

GST in Media

Pharma companies seek clarity from Bombay High Court on free samples to be considered as genuine expense under GST

byAdmin21/01/202321/01/2023

At a time when marketing practices of pharma companies are already under question and government scanner, pharma majors have raised yet another concern with the government. Drugmakers have approached Bombay High Court seeking legal clarity as to whether the free…

GST ArticleHigh Court

Order passed will have no effect in the eyes of law, unless digital signature is put by the issuing authority

byCA Bimal Jain18/01/202318/01/2023

The Hon’ble Bombay High Court in Ramani Suchit Malushtre v. Union of India & Ors. [Writ Petition No. 9331 of 2022 dated September 21, 2022] has held that unless signature is put on the order by the issuing authority, it…

GST ArticleHigh Court

Directed investigating officer to issue advance notice of 72 hours to effect the arrest after investigation

byCA Bimal Jain06/01/202306/01/2023

The Hon’ble Bombay High Court in Neha Agarwal v. Superintendent, Anti-Evasion, CGST [Anticipatory Bail Application No. 2644 of 2022 dated December 7, 2022] has directed the investigating officer to issue advance notice of 72 hours to the assessee to effect…

GST in Media

Tata Group moves Bombay HC against Rs 1,500-crore GST claim on Docomo deal: Report

byAdmin23/12/202223/12/2022

Tata Group has approached the Bombay High Court seeking to contest a Rs 1,500-crore goods and services tax (GST) notice from the Directorate General of GST Intelligence (DGGI). The claim relates to a 2017 dispute settlement with NTT Docomo, sources…

GST ArticleHigh Court

Failure to Mention Allegations of Fake Invoice against Assessee is Invalid

byCA Bimal Jain04/11/202204/11/2022

The Hon’ble Bombay High Court in the case of Archana Textile Corporation Vs. State of Maharashtra and Ors. In Writ Petition No. 11022 of 2022 held that, GST Notice which failed to mention allegations of fake invoices against the assessee…

GST ArticleHigh Court

Vague SCN cannot be relied upon for cancellation of GST registration

byCA Bimal Jain25/09/202226/09/2022

The Hon’ble Bombay High Court in DBS Tradelink and advisors Pvt. ltd. v.  The state of Maharashtra and another [Writ petition no.8474 of 2022 dated July 20, 2022] directed the assessing authority to restore the registration of the assessee on…

CustomsGST ArticleHigh Court

Whether Importer can be treated as the original owner of Goods for Provisional Release of Seized Goods under Customs Act

byCA Bimal Jain18/09/202221/09/2022

The Hon’ble Bombay High Court in Commissioner of Customs (Import) v. Dinesh Bhabootmal Salecha [CUSTOM APPEAL (L) NO. 20820 OF 2022 dated September 8, 2022] held that for the interim release of goods under Section 110A of the Customs Act,…

GST ArticleHigh CourtPre-GST

The assertion of clandestine removal cannot be proved merely by the testimony of some transporters

byCA Bimal Jain18/09/202221/09/2022

The Hon’ble Bombay High Court in the Principal Commissioner of Central GST & C. v. Filatex India Ltd. [Central Excise Appeal No. 204 of 2019 dated September 8, 2022] held that the accusations of clandestine removal cannot be confirmed merely…

GST ArticleHigh Court

SEIS benefit can’t be denied for not having IEC when services rendered No IEC required for availing benefit of SEIS

byCA Bimal Jain24/08/202224/08/2022

The Hon’ble High Court, Bombay in the matter of M/s Smarte Solutions Pvt. Ltd v. Union of India [Writ Petition no. 503/2021 dated July 27, 2022] directed the department to consider the application for Services Export from India Scheme (“SEIS”)…

Income TaxJudgment-Orders

Compensation awarded for Property acquired for Bullet Train project not taxable: Bombay HC

byAdmin15/06/202228/07/2025

Compensation or income received by certain land-owners on account of the property acquired by the National Hi-Speed Rail Corporation Ltd (NHSRCL) for the Mumbai-Ahmedabad bullet train project through private negotiations and sale deed is exempted from tax, the Bombay High…

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