Bombay High Court

Reason to believe that Income has escaped Assessment applies even in case of non-filing of return

Mohanlal Champalal Jain Vs ITO (Bombay High Court)

Mohanlal Champalal Jain Vs ITO (Bombay High Court) Assessing Officer has proceeded on wrong premise that even when called upon to state why the petitioner had not filed return of income, he had not responded to the said query. The petitioner did communicate to the Department that he had no taxable income and therefore, there […]...

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HC struck down CBDT’s action plan granting incentives to CIT(A)

The Chamber of Tax Consultants Vs. CBDT (Bombay High Court )

Bombay High Court in the writ filed by the Chamber of Tax Consultants has held that CBDT's action plan for granting incentives to CIT(A) on account of enchantment of assessment, levy of penalty, strengthening the order of AO, has been struck down retrospectively....

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Notice for reopening of assessment against a dead person is invalid

Rupa Shyamsundar Dhumatkar Vs ACIT & Ors. (Bombay High Court)

Impugned notice of reopening of assessment was issued on a dead person. There are several judgments of different High Courts holding that the notice or reopening of assessment is invalid in law. Suffice it to say, as per the settled law, notice for reopening of assessment against a dead person is invalid....

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TDS U/s. 194J deductible on Fees shared between hospital & doctors

CIT Vs Asian Heart Institute and Research Centre Pvt. Ltd. (Bombay High Court)

CIT Vs Asian Heart Institute and Research Centre Pvt. Ltd. (Bombay High Court) In the present case, it has been recorded that the doctors were entitled to admit, investigate and provide treatment to the patients and that the doctors would be responsible for their clinical care. The doctors were responsible for supervising the sub-ordinate...

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Reassessment when Assessee made AO left with little time to complete assessment

Cenveo Publisher Services India Ltd Vs. UOI (Bombay High Court)

Cenveo Publisher Services India Ltd Vs. UOI (Bombay High Court) In this case the petitioner raised objections promptly after withdrawing the petition from this Court, would not in any manner dilute the fact that it was on the ground of the petitioner’s conduct that the Assessing Officer was left with little time to dispose of [&hell...

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Interest on NPAs cannot be taxed on accrual basis in case of NBFC

Pr. CIT Vs Bajaj Finance Limited (Bombay High Court)

Even if there was a special provision in s. 43D for taxing interest income on NPAs on receipt basis but the same did not apply to NBFCs, therefore, NBFCs had not to offer interest on bad or doubtful debts to tax on accrual basis as as the same was not taxable on basis of real income theory....

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Refund cannot be adjusted against demand U/s 245 without intimation

Milestone Real Estate Fund Vs ACIT (Bombay High Court)

Section 245 empowers the Revenue to set off or adjust the amounts to be refunded against any amounts remaining payable by the person concerned under the Act is a discretionary remedy. However, before the adjustment is done, intimation would u/s 245 of the Act to the party is mandatory. ...

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20% deposit of tax pending appeal can be increased or decreased

Keva Fragrances Private Limited Vs ACIT (Bombay High Court)

CBDT circular dated 29.02.2016 which requires 20% deposit of tax pending appeal is not rigid and cannot be implemented in all the cases. Based on the facts of the case, the deposit percentage can be increased or decreased....

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TP: Redeemable preference shares cannot be treated as equivalent to interest free loans & advances

Pr. CIT Vs M/s. Aegis Limited (Bombay High Court)

Transfer Pricing- No notional interest on transaction of purchase and sale of redeemable preference shares as it was not equivalent to interest free loans advances...

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CBDT should reconsider decision of offering incentives to CsIT(A) to enhance assessments: HC

The Chamber of Tax Consultants Vs CBDT (Bombay High Court)

The Chamber of Tax Consultants Vs CBDT (Bombay High Court) 1. These Petitions involve similar issues. The Petitioners have challenged certain portion of the central action plan formulated by the Central Board of Direct Taxes (‘CBDT’, for short). This document contains Chapter 3 pertaining to litigation management. This Chapter provide...

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