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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Independent Application of Mind. Reassessment Based on Borrowed Satisfaction and Non-Speaking Order on Objections Violates Principles of Natural Justice.

The petitioner, Arvind Sahdeo Gupta, challenged a notice dated 24/3/2020 issued under Section 148 of the Income Tax Act, 1961 by the Income Tax Office...

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High Court Quashes Reassessment Notice Against Co-operative Bank for Lack of Fresh Material. Notice under Section 148 of Income Tax Act, 1961 held invalid as Assessing Officer failed to record any new tangible material after completion of original scrutiny assessment.

The petitioner, Gandhibag Sahakari Bank Limited, a co-operative bank, challenged a notice dated 31.03.2021 issued under Section 148 of the Income Tax ...

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Bombay High Court Dismisses Petition for Removal of Statue in Road Widening Dispute. Court holds that mandamus cannot compel municipal authority to remove a statue installed on acquired land, as the decision involves policy and budgetary discretion.

The petitioner, Indumati Borse, a 90-year-old resident of Pune, filed a writ petition seeking a mandamus to direct the Pune Municipal Corporation (PMC...

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Bombay High Court Quashes Summons Issued to Director Under Section 70 of CGST Act for Lack of Details and Non-Compliance with Guidelines. Summons must be issued only as a last resort and with proper reasons, not as a routine measure.

The Petitioner, FSM Education Pvt. Ltd., a school of music engaged in teaching music to school children and registered under the Central Goods and Ser...

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Bombay High Court Strikes Down Rule 90(3) of CGST Rules as Ultra Vires in Refund Re-Application Case. Rule 90(3) requiring fresh refund application within two years of relevant date held inconsistent with Section 54 of CGST Act, 2017.

The petitioner, Saiher Supply Chain Consulting Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging the constit...

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Bombay High Court Dismisses Contempt Petition Against Municipal Corporation for Alleged Willful Disobedience of Orders — No Prima Facie Case of Contempt Made Out as Orders Were Not Clear and Specific.

The petitioner, Shri Sayed Arshad Zaidi, as heir and legal representative of deceased Smt. Mehmood Fatima, filed a contempt petition under the Contemp...

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Bombay High Court Allows Withdrawal of Compensation by Claimants in Motor Accident Case, Directs Insurance Company to Deposit Balance. Claimants permitted to withdraw 50% of awarded amount without security, subject to repayment if appeal succeeds.

The New India Assurance Co. Ltd. filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging an award of the Motor Accident Cl...

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Bombay High Court Quashes Reopening Notice in HDFC Bank Bad Debts Case — No Failure to Disclose Material Facts. Section 148 notice under Income Tax Act, 1961 set aside as reassessment based on change of opinion and lack of tangible material.

The petitioner, HDFC Bank Ltd., a scheduled bank registered with RBI, filed its return of income for assessment year 2006-07 and claimed deductions un...

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Bombay High Court Allows Writ Petition in Sabka Vishwas Scheme Case — Petitioner Entitled to Interest on Delayed Refund Under Section 127 of Finance Act, 2019. The court held that the respondents' delay in refunding the amount under the scheme attracts interest liability.

The petitioner, Quant Broking Pvt Ltd, a stock broker and member of various stock exchanges, filed a declaration under the Sabka Vishwas (Legacy Dispu...

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Bombay High Court Dismisses Appeal Against Rejection of Trust's Application for Alienation of Immovable Property Under Section 36(1)(a) of Maharashtra Public Trusts Act, 1950. Joint Charity Commissioner's Order Upheld as No Error of Law or Jurisdiction Found.

The case involves a Letters Patent Appeal filed by Megh Realty and Developers Private Limited against the order of the learned Single Judge dismissing...