GST Order Can't Be A Copy-Paste Of Showcause Notice, Independent Reasoning Must Be Present: Bombay High Court

The Bombay High Court held that a GST order can't be a copy-paste of the show cause notice and that independent reasoning must be present. Justices M.S. Sonak and Jitendra Jain stated that “simply cutting and pasting the allegations in the show cause notice or mechanically reciting them verbatim does not inspire confidence that due consideration has been shown to the cause, and...

Major Relief For Anil Ambani As Canara Bank Withdraws Order Classifying Reliance Comm Loan Account As 'Fraud'

In a relief for industrialist Anil Ambani, the Canara Bank recently informed the Bombay High Court that it has 'withdrawn' its order classifying his loan account, related to Reliance Communications, as "fraudulent account."A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale accepted the statement and disposed of the petition filed by Ambani challenging the validity of the said order. In its order passed on July 10, the judges recorded, "Mentioned out of turn at 2:00 p.m....

GST TRAN-I Credit Can Be Revised Based On Manually Filed Excise Return: Bombay High Court

The Bombay High Court held that GST TRAN-I credit can be revised based on manually filed ER-1 Return. Justices M.S. Sonak and Jitendra Jain stated that “there were technical issues with respect to revising TRAN-1 and non-availability of electronic mode to revise excise return and it is only after directions issued by the Supreme Court in the case of Union of India vs. Filco...

Mumbai's Development Work Can't Be Stopped But It Cannot Trample Heritage Structures: Bombay High Court

The Bombay High Court on Thursday (July 10) while disposing of a petition filed by the trustees of the heritage JN Petit building alleging damages to the structure due to the underground construction work for the Metro III, held that though development works in a city like Mumbai cannot be stopped but the same cannot be permitted to run roughshod over the concerns of preserving and maintaining heritage buildings for posterity.A division bench of Justices Mahesh Sonak and Jitendra Jain noted that...

'Annual General Reports Made By SEBI Cannot Be Disclosed Without Following Procedure U/S 11 Of RTI Act': Bombay High Court

The Bombay High Court has held that before disclosing any information related to third parties, including stock exchanges like NSE and BSE, under the Right to Information Act, 2005 (RTI Act), the concerned authority must strictly comply with the mandatory procedure laid down in Section 11 of the Act.A Division Bench of Justices M.S. Sonak and Jitendra Jain passed the ruling in a batch of writ petitions arising from an RTI application filed by transparency activist Subhash Chandra Agarwal seeking...

GST Notice U/S 79(1)(c) Can't Be Issued Directly To Bank; Must Be Served To Actual Taxpayer: Bombay High Court

The Bombay High Court held that a GST notice under Section 79(1)(c) of the CGST Act can't be issued directly to the bank. Justices M.S. Sonak and Jitendra Jain observed that the notice under Section 79(1)(c) of the CGST Act was not addressed to the assessee but directly to the bank. “Where such notice is served on a person, he can prove to the satisfaction of the officer...

[Companies Act] Debtor Company Cannot Contest Its Liability For The First Time In Winding-Up Proceedings: Bombay High Court

The Bombay High Court has dismissed an appeal against the winding-up of a company that defaulted on dues owed to a government enterprise and had no ongoing business activity or assets. The Court rejected the company's defence that there was a “bonafide dispute” over the debt, holding that the company's objections were afterthoughts and that its inability to pay was well established.A...

'Building Cannot Be Demolished For Making Public Street Without Granting Hearing To Owner': Bombay High Court

The Bombay High Court has quashed the sanction of a new road line (RL) by the Municipal Corporation of Greater Mumbai (MCGM) under Section 291 of the Mumbai Municipal Corporation Act, 1888 (MMC), holding that the move was taken without application of mind and in violation of the landowner's right to be heard.A division bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne was hearing...

Bombay High Court Quashes Maharashtra Govt Order Barring Cinema Owners From Levying Service Charge On Online Film Tickets

In a significant ruling, the Bombay High Court on Thursday quashed two Government Orders (GOs) issued on April 4, 2013 and March 18, 2014 by which the Maharashtra government restricted cinema owners from levying service charge or convenience fees on online tickets. A division bench of Justices Mahesh Sonak and Jitendra Jain held that the said GOs violated the right to practice any...

Insurance Claim Received On Dead Horses Is Capital Receipt, Not Taxable As Income U/S 41(1): Bombay High Court

The Bombay High Court held that insurance claim received on dead horses is capital receipt, not taxable as income under Section 41(1) Of Income Tax Act. The bench opined that horses in respect of which the insurance claim was received were Assessee's capital assets and that therefore insurance receipt arising therefrom could only have been considered as capital receipt, not...

[Income Tax Act] Amount Indicated In P&L Account As Provision For Doubtful Debts/Advances Cannot Be Treated As "Reserve" U/S 115JA: Bombay HC

The Bombay High Court has ruled that a provision for doubtful debts cannot be treated as either a "reserve" or a "provision for liability" under clauses (b) or (c) of the Explanation to Section 115JA of the Income Tax Act, 1961, and thus cannot be added back to the book profits for the purpose of minimum alternate tax (MAT). The Court accordingly overturned the addition of ₹2.49 crore made...

Compensation For Land Acquisition Payable Even Without Representation: Bombay High Court Upholds Corporation's Duty Under Article 300-A

The Bombay High Court has held that once a municipal corporation has assured landowners Transferable Development Rights (TDR) in lieu of land acquired for a public project, it is constitutionally and statutorily bound to honour the commitment. The Court quashed the Nagpur Municipal Corporation's 2024 refusal to confer TDR, directing it to issue the same as previously assured in 2001.A...