Bombay High Court

AO can adjust only 15% of demand against refund in stay application

M/s Andrew Telecommunications India Pvt. Vs Principal Commissioner of Income Tax (Bombay High Court at Goa)

Rule made returnable forthwith. The learned Counsel for the respondent, waives service. Heard finally by consent of parties. The petitioner is a Company engaged in the business of manufacturing base station antennas, microwave antennas, R.F. cables, jumpers and connectors and trading in related products....

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Courts not meant for Frivolous Litigation; No Stay on Release of Phillauri: Bombay HC

Dashrath B Rathod & Ors Vs. Fox Star Studios India Pvt Ltd & ors (Bombay High Court)

Plantiff says that there is urgency because the Defendants' film Phillauri, alleged to be in violation of the Plaintiffs' copyright in their 2013 Gujarati, Bhojpuri and Nepali film Mangal Phera, is slated for public theatrical release just a few day hence — this very Friday, 24th March 2017. ...

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Wind up Petition by employee claiming unpaid Salary is Maintainable

Mr Sanjay Sadanand Varrier Vs M/s Power Horse India Pvt.Ltd. (Bombay High Court)

An employee can maintain a Petition for winding up of a Company under section 439 r/w sections 433(e) and 434 of the Companies Act, 1956 as a creditor based on the claim of the recovery of his unpaid salary and wages. ...

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Arbitral tribunal has no power to appoint Court Receiver, High Court

M/s. Shakti International Private Limited Vs M/s. Excel Metal Processors Private Limited (Bombay High Court)

The above Court Receivers Report dated 28th December, 2016 (Report) is filed by the Court Receiver, High Court, Bombay, seeking directions on Whether the Registry should accept the matters wherein the Arbitral Tribunal appoints the Court Receiver, High Court, Bombay, as a Receiver for execution of orders passed by it etc....

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Mere voluntary disclosure does not release assessee from penalty

Samson Maritime Ltd. Vs Commissioner of Income Tax (Bombay High Court)

Apex Court in MAK Data P. Ltd., v/s. Commissioner of Income Tax 358 ITR 593, that voluntary disclosure itself does not release the assessee from penal consequences. ...

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Do not allow more than two attendants of a patient in hospital: HC

Afak Anwar Mandaviya Vs. Maharashtra Association of Resident Doctors (MARD) and others. (Bombay High Court)

In spite of norms that not more than two attendants of a patient will be allowed to enter the hospital through the main gate itself has to be strictly implemented. This would include visitors visiting the patients during a particular visiting hours of the hospital. In other words, at any point of time, there may not be more than two atten...

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Management can taken action against doctors on Strike: HC

Afak Anwar Mandaviya Vs. Maharashtra Association of Resident Doctors (MARD) and others. (Bombay High Court)

The petitioners who have filed this public interest litigation (PIL) submits that there is urgency in the matter since more than 50 patients have died on account of mass strike of resident doctors numbering about 4,500 all over the State of Maharashtra. Learned counsel appearing for the respondent Association submits that they have not gi...

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Bombay HC on eligibility for Benefit of Kar Vivad Scheme,1998

Sadhana Textile Mills Private Ltd., Vs Union of India (Bombay High Court)

In the light of the above factual position and the two Judgments of the Hon'ble Supreme Court of India, it is conceded equally by the Department that their stand, as contained in the impugned letter, is unsustainable in law. The matter is covered by the said two Judgments. In the circumstances, we allow this writ petition and quash and se...

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VAT on Tractors: General Entry cannot override specific Entry

M/s Kirloskar Oil Engines Ltd. Vs The Commissioner of Sales Tax (Bombay High Court)

In this case on the applicability of VAT Rate under Bombay Sales Tax Act, 1959 it was held by Bombay High Court that Tribunal was justified in holding that the bearings sold by the Applicant were covered by Entry C-II-146 of the Bombay Sales Tax Act, 1959 and not by Entry C-II102(2) as auto parts and C-II135 as tractor parts read with Ent...

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HC quashes SCN issued after decades; Criticizes Liberal adjournments

Premier Ltd. Vs The Union of India (Bombay High Court)

In the present case, we find that the petitioners' argument is that it is impossible for them to remember what was the issue and some decades back, what are the records on which it is based and how it is to be presented. Possibly all the records with them are destroyed or the units having been re­arranged, it is impossible for them to r...

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