bombay high court

CIT vs Kalpataru Colours and Chemicals (SC) - Supreme Court has on 08.02.2012 reversed Bombay High Court Judgment in the case of CIT vs Kalpataru Colours and Chemicals and confirming the decision of Special bench of ITAT Mumbai in the case of Topman Exports vs. ITO held as follows:- Objective of DEPB scheme is to neutralize the incidence of customs duty on the import content of the export products. Hence, it has direct nexus with the cost of the imports made by an exp.. Full Article

Hon'ble Chief Justice Mr. Mohit S. Shah of Bombay High Court has administered oath to the following new Judges on 23/1/2012. 1. Hon'ble Justice Mr. M.S. Sanklecha 2. Hon'ble Justice Mr. R.D. Dhanuka 3. Hon'ble Justice Mr. S.P. Deshmukh Full Article

The indexed cost of acquisition has to be determined with reference to the cost inflation index for the first year in which the capital asset was 'held by the assessee'. Since the expression 'held by the assessee' is not defined under Section 48 of the Act, that expression has to be understood as defined under Section 2 of the Act. Explanation 1(i)(b) to Section 2(42A) of the Act provides that in determining the period for which an asset is held by an assessee under a gi.. Full Article

Indian Newspaper Society vs. ITO (TDS) (Bombay High Court) - The Petitioner is assessed at New Delhi. The PAN and TAN numbers are allotted to the Petitioner under Sections 139A and 203A by the Assessing Officer at New Delhi. All returns including the TDS returns have been filed at New Delhi. The Assessing Officer recorded the submissions of the Petitioner which advert to these facts and the contention based thereon that the jurisdiction would lie with the Income Tax Aut.. Full Article

The Indian Hume Pipe Co Ltd vs. ACIT (Bombay High Court An exemption was claimed under Section 54­EC. All the necessary facts on the basis of which the claim to an exemption are founded must be disclosed. As the assessee failed to do so, the Revenue in the present case would be justified in reopening the assessment on the ground that income has escaped assessment. Clause (c) of Explanation 2 to Section 147 provides for cases where income chargeable to tax is deemed to .. Full Article

The service tax department is conducting surveys on nine leading developers and has found that Rs50 crore worth of (service) tax has not been deposited with it despite the sum being collected from buyers. The amount is due since five months. Service tax has to be deposited with the department by the first week of [...] Full Article

CIT vs. Kotak Securities Limited (Bombay High Court) - Transaction charges paid by the assessee to the stock exchange constitute 'fees for technical services' covered under Section 194J of the Act and, therefore, the assessee was liable to deduct tax at source while crediting the transaction charges to the account of the stock exchange. Full Article

Bombay High Court has extended the Stay until 30th September 2011, in the famous renting case – Retailers Association of India and others v Union of India . Full Article