Bombay High Court

Assessee cannot be asked to comply with a provision not in force at relevant time

CIT Vs. NGC Networks (India) Pvt. Ltd (Bombay High Court)

A party cannot be called upon to perform an impossible Act i.e. to comply with a provision not in force at the relevant time but introduced later by retrospective amendment. S. 40(a)(i) dis allowance can be made only if the royalty falls under Explanation 2 to s. 9(1)(vi) but not if it falls under Explanation 6 to s. 9(1)(vi)...

Read More

Suo Motu Rectification of order passed u/s 245D(4) on debatable issue by Settlement Commission not valid

The Commissioner of Income Tax Vs. Income Tax Settlement Commission & Another (Bombay High Court)

This Petition under Article 226 of the Constitution of India, challenges an order dated 2nd December, 2016 passed by the Settlement Commission (Commission) under Section 245 D(6B) of the Income Tax Act, 1961 (the Act)....

Read More

GST Transitional Credit Provision imposing One year limitation is Constitutionally Valid

JCB India Limited Vs Union of India (Bombay High Court)

JCB India Limited Vs Union of India (Bombay High Court) Bombay High Court upheld the Constitutional validity of One Year Limitation for GST Transitional Credit under Section 140(3)(iv) of the CGST Act, 2017. FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOWS:- 1. All these petitions were heard together and are being disposed [&he...

Read More

GST payable on Long Term Lease Premium of Land

Builders Association of Navi Mumbai Vs Union of India (Bombay High Court)

Any lease or letting out of a building, including commercial, industrial or residential complex for business, either wholly or partly is a supply of service. It is settled law that such provisions in a taxing statute would have to be read together and harmoniously in order to understand the nature of the levy, the object and purpose of it...

Read More

Penalty Order not get vitiated for mere acceptance of appeal by HC in Quantum Proceedings

Pr CIT Vs. Shree Gopal Housing & Plantation Corporation (Bombay High Court)

It cannot be a universal rule that once an appeal from the order of the Tribunal has been admitted in the quantum proceedings by High Court, then, ipso facto the issue is a debatable issue warranting deletion of penalty by the Tribunal....

Read More

Validity of differential Stamp duty on Instruments executed outside Maharashtra under Bombay Stamp Act, 1958

The Indian Hume Pipe Co. Ltd. Vs. State of Maharashtra (Bombay High Court)

The Indian Hume Pipe Co. Ltd. Vs. State of Maharashtra (Bombay High Court)  The bench noted that, in the present case, the deed is used in the State of Maharashtra for registering a charge by lodging a verified copy of the deed in the office of the Registrar of Companies in accordance with sections 125 […]...

Read More

ITAT cannot re-appreciate understanding of order passed

Procter & Gamble Home Products Pvt. Ltd. Vs. Income Tax Appellate Tribunal & Others (Bombay High Court)

The grievance of the Petitioner is that the impugned order dated 28th July, 2017 to the extent it allows the Revenue's application for rectification, is without jurisdiction. This is so as it amounts to review of its order dated 6th June, 2016 which had been passed in an appeal for Assessment Year 200405 after due consideration of the ve...

Read More

Disallowance of expenses cannot be made by mere intimation U/s. 143(1)(a)

Bajaj Auto Finance Ltd. Vs. Commissioner of Income Tax (Bombay High Court)

Bajaj Auto Finance Ltd. Vs. CIT (Bombay High Court) While mere making of provision for bad debts will not by itself (on application of amended law) entitle the party to deduction, yet it would be a matter where the assessee should be given an opportunity to establish its claim. This by producing its evidence of […]...

Read More

“Liability of Director after Strike off’ and ‘Wound up of Company after Strike off”

Real Time Interactive Media (P.) Ltd V/s Metro Mumbai Infradeveloper (P.) Ltd (Bombay High Court)

In this flash editorial author discusses the provisions of liability of directors after strike off of Company or winding up of Company by tribunal after Struck off in the record of Registrar of Companies....

Read More

ITAT upheld tax on LTCG on sale of shares for substantial price hike in short time

Sanjay Bimalchand Jain L/H Shantidevi Bimalchand Jain Vs. Pr. CIT, Nagpur & Anr. (Bombay High Court At Nagpur Bench)

ITAT held that fantastic sale price was not at all possible as there was no economic or financial basis as to how a share worth Rs. 5 of a little known company would jump from Rs. 5 to Rs. 485. AO was justified in denying exemption under section 10(38) to assessee, being fantastic sale price was not at all possible in such a short time....

Read More
Page 1 of 7212345...102030...Last »

Browse All Categories

CA, CS, CMA (3,653)
Company Law (3,706)
Custom Duty (6,859)
DGFT (3,607)
Excise Duty (4,106)
Fema / RBI (3,408)
Finance (3,623)
Income Tax (26,766)
SEBI (2,837)
Service Tax (3,329)