Bombay High Court

Bogus share capital: If document shows genuineness of transaction it cannot be treated as bogus for non appearance of shareholder

CIT Vs M/s. Orchid Industries Pvt. Ltd. (Bombay High Court)

The balance sheet and profit and loss account of these persons discloses that these persons had sufficient funds in their accounts for investing in the shares of the Assessee. In view of these voluminous documentary evidence, only because those persons had not appeared before the Assessing Officer would not negate the case of the Assessee...

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Bombay HC Restrains Amul From broadcasting TV Ads expressing opinion on Kwality Walls ice cream

Hindustan Unilever Limited Vs Gujarat Co-operative Milk Marketing Federation ) Ltd., (Bombay High Court)

The Bombay High Court has restrained Gujarat Co-operative Milk Marketing Federation Ltd (GCMMF), which markets ice cream under brand name Amul, from broadcasting two television advertisements as they were disparaging towards plaintiff’s product, Kwality Walls....

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PIL seeking to defer GST Roll out dismissed by Bombay HC

Dr. Kanagasabapathy Sundaram Pillai Vs Union Govt. of India (Bombay High Court)

Petitioner cannot urge and/or seek directions to the respondents to postpone the decision to implement GST with effect from 1.7.2017, for simple reason that herein levy and collection of taxes on goods and services has sanction of law....

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Whether tax U/s. 221 of the IT Act takes within its ambit interest component?

CIT vs. Oryx Finance and Investment Pvt. Ltd. (Bombay High Court)

Section 221 of the Income Tax Act, 1961, prescribes penalty according to its provisions when an assessee is in default or is deemed to be in default in making a payment of tax....

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Appeals Filed U/s. 10F of Companies Act 1956 cannot be condoned after 60 days

Santosh Kumar Hegde Vs. Parimala Hospitality (P.) Ltd. & Ors. (Bombay High Court)

In view of Companies Act, 1956 being a special statute and upon considering the language of section 10-F, in my view it is clear that the Company Court has no power to condone delay beyond the period of 60 days....

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Sale of Attached Property after 3 years not barred by Limitation when Settlement Commission order not become Final

Rajiv Yashwant Bhale Vs The Principal Commissioner of Income (Bombay High Court)

In a recent ruling, the division bench of the Bombay High Court held that the assessee cannot claim that the sale of attached property is time-barred under Rule 68B of the Second Schedule, where he has applied to Settlement Commission for extension of time for payment of demand as per Order of Settlement and his application is pending and...

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HC allows payment by Dharma Productions to SRK owned Company

CIT Vs M/s. Dharma Productions Pvt.Ltd. (Bombay High Court)

It was observed that the assessee company is owned by Mr. Karan Johar and RCEPL is owned by Mr.Shahrukh Khan. Both are known personalities of Indian film industry. The authorities have not disputed the fact of providing services by Mr.Shahrukh Khan in the production and marketing of the film `Kaal’. The film was released under [&hel...

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Excise Dept To Refund Excessive Fine Imposed 19 Years Ago

B.N. Sanas Company Private Limited Vs The Collector of Pune, State Excise Deparment (Bombay High Court)

The matter is called out for final hearing as the matter is specifically listed for final hearing in summer vacation. Heard the learned counsel for the Petitioner and the learned Government Pleader for the State. 2. The Petitioner which is a private limited company holding FL II license and carrying on business of selling liquor […...

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No TDS On Salaries Reimbursed Under Secondment Agreement

Director of Income Tax Vs M/s. Marks & Spencer Reliance India Pvt. Ltd. (Bombay High Court)

1] We have heard Mr. Pinto appearing on behalf of Revenue in support of this appeal. 2] In paragraphs 4.1 and 4.2 of this memo of appeal, the Revenue says that the facts are as under:- “4.1 The Assessing Officer, from the records noted that the Respondent Company had made payment of a sum of […]...

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Railway catering services not exempt from sales tax: Bombay HC

Union of India Vs State of Maharashtra and Ors. (Bombay High Court)

The only contention and which has prevailed throughout is that the departmental catering service being a property of the Union of India through General Manager, Western Railway, it squarely falls within the exemption provision and particularly carved out by Article 285 of the Constitution of India. That exempts property of the Union from ...

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