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High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

High Court

Bombay High Court Allows Writ Petition in SVLDRS Scheme Case — Rejection of Form 1 Quashed for Violation of Natural Justice. Petitioner Held Eligible for Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 Despite Pending Audit.

13 Sep 2023

The petitioner, P. N. Gadgil & Sons Ltd., a manufacturer and seller of gold/silver articles and jewellery registered under the Central Excise Act, fil...

High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Change of Opinion. Notice under Section 148 of Income Tax Act, 1961 for reassessment of derivative transaction loss set aside as Assessing Officer had already examined the issue during original assessment.

22 Apr 2022

The petitioner, Shrikant Phulchand Bhakkad (HUF), through its Karta, filed a writ petition under Article 226 of the Constitution of India challenging ...

High Court

Bombay High Court Allows Writ Petition in SVLDRS Case — Directs Designated Committee to Recompute Tax Dues Based on Confirmed Demand. Petitioner's declared tax dues under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 must be computed on the confirmed demand amount of Rs.39,47,420/- and not on the higher amount in the show cause notice.

11 Feb 2022

The petitioner, Munish Rajkumar Mahajan, proprietor of KDS Security Services, filed a writ petition under Article 226 of the Constitution of India bef...

High Court

Karnataka High Court Quashes Re-Assessment Orders in KVAT Act Case Due to Non-Application of Mind and Lack of Reasons. Input Tax Credit Denial Based on Non-Availability of Selling Dealers at Registered Address Held Invalid Under Section 10(2) and Section 39 of Karnataka Value Added Tax Act, 2003.

17 Jun 2019

The petitioner, M/s Onyx Designs, a proprietorship concern dealing in bags and gift items, was a registered dealer under the Karnataka Value Added Tax...

High Court

Bombay High Court Upholds Reopening of Assessment Under Section 147(a) for Income Tax on Minimum Guarantee Receipts from Film Sale. Assessee's Failure to Disclose Full Consideration for Sale of Movie 'Charas' Justifies Reassessment Despite Partial Acceptance of Addition.

17 Nov 2017

The case involves an income tax reference at the instance of the assessee, who sold a movie titled 'Charas' to M/s. Prakash Pictures on a minimum guar...

High Court

High Court of Karnataka Upholds Constitutional Validity of Levy of Audit Fee on Co-operative Societies Under Karnataka Co-operative Societies Act. The second proviso to Section 63(1) of the Act, as amended, imposing audit fee on co-operative societies based on turnover is held to be a reasonable fee for services rendered, within legislative competence, and not violative of Article 14 of the Constitution.

5 Jul 2013

The petitioners, twelve co-operative societies registered under the Karnataka Co-operative Societies Act, 1959, challenged the constitutional validity...

High Court

Bombay High Court Dismisses Assessee's Appeal in Income Tax Revision Case — Commissioner Validly Invoked Section 263 for Non-Consideration of Seized Documents. The court held that the Assessing Officer's failure to consider seized 'Jama Kharch Panas' showing undisclosed turnover made the block assessment order erroneous and prejudicial to revenue.

26 Mar 2010

The appeal by the Assessee, M/s. Ranka Jewellers, under Section 260A of the Income Tax Act, 1961, challenged the order of the Income Tax Appellate Tri...

High Court

Bombay High Court Admits Writ Petition Challenging Special Audit Order Under Section 142(2A) of Income Tax Act, 1961 — Issue of Pre-decisional Hearing Referred to Larger Bench. The court admitted the petition as the same legal issue regarding the necessity of a hearing before a special audit direction was already pending in another admitted writ petition.

7 Mar 2006

The petitioner, Atlas Copco (India) Limited, filed a writ petition challenging an order dated 11th November 2005 passed by the Assistant Commissioner ...

High Court

Bombay High Court Allows Refund of Excise Duty on Mosquito Coils Classified as Insecticides — Unjust Enrichment Defence Rejected. Product Held to Be Insecticide by CEGAT and Supreme Court; Duty Paid Under Protest and Burden Not Passed on to Consumers, Hence Refund Cannot Be Denied Under Section 11B of Central Excise Act, 1944.

20 Jul 2005

The petitioners, M/s. Bombay Chemicals Limited and its Managing Director, held a Central Excise Registration for manufacturing 'Toys, Brand Mosquito C...

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