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Bombay High Court

Tribunal cannot differ from its own decisions In case of same Assessee

June 21, 2022 1698 Views 0 comment Print

HC held that Tribunal cannot differ from earlier order of Tribunal in assessee’s own case and follow the order of Tribunal in another assessee.

Reopening beyond 4 years is bad in law if all primary facts disclosed during original assessment proceedings

June 21, 2022 2538 Views 0 comment Print

Harsh Kaushal Corporation Vs ITO (Bombay High Court) In the present case, it is evident from the reasons recorded for reopening that the petitioner had truly and fully disclosed all material facts necessary for the purpose of assessment. In fact, in the reasons for reopening, there is not even a whisper as to what was […]

Mere non-production of ID Card with season ticket, not render proper season ticket, invalid

June 21, 2022 624 Views 0 comment Print

The signature of the appellant on season ticket, was not disputed by the Railways. Moreover, season ticket and the journey extension tickets, were recovered, from the appellant while removing him at Hospital. In the circumstances, non-production of Identity Card alongwith season ticket, itself would not render proper season ticket, invalid.

HC Quashes Cryptic unreasoned order of three line

June 20, 2022 3777 Views 0 comment Print

HC was not satisfied with cryptic unreasoned order three line order Passed by AO and Therefore, quashed and set aside the assessment order

GST not apply to Services rendered abroad- Refund allowable

June 14, 2022 3438 Views 0 comment Print

Jar Productions Private Limited Vs Union of India (Bombay High Court) Agreement executed between the petitioner and the ASCL shows that the approved production budget includes all costs in connection with the production services including the amount of Indian Goods and Services Tax Act. This shows that GST is included in all costs in connection […]

DRT cannot restrain a Debtor’s Fundamental Right to Travel Abroad

June 12, 2022 3198 Views 0 comment Print

Bombay High Court confirms the right to travel abroad is a fundamental right under Article 21, ruling the Debt Recovery Tribunal lacks the legal power to restrict it.

Loss on trading in derivatives can be set off against business income

May 24, 2022 10932 Views 0 comment Print

It is clear that, the transactions in respect of trading in derivatives referred to in Clause (ac) of Section 2 of Securities Contracts (Regulation) Act, 1956 carried in a recognized stock exchange are excluded from the definition of ‘speculation transaction’ described under Section 43 (5) of the Income Tax Act, 1961.

Change of opinion not constitutes reason to believe for Income escapement

May 17, 2022 1650 Views 0 comment Print

Change of opinion does not constitute justification and/or reason to believe that income chargeable to tax has escaped assessment.

In Revision proceedings CIT cannot travel beyond reasons given by him in SCN

May 17, 2022 2046 Views 0 comment Print

PCIT Vs . Universal Music India Pvt. Ltd. (Bombay High Court) Issues (a) Whether on the facts, in the circumstances of the case and as per law, the Hon’ble ITAT has erred in holding that in the revision proceedings the CIT cannot travel beyond the reasons given by him for revision in the show-cause notice […]

NOC not Mandatory for Registering Sale of Fragmented Land: Bombay HC

May 17, 2022 3462 Views 0 comment Print

Govind Ramling Solpure Vs State of Maharashtra (Bombay High Court, Aurangabad Bench) The questions that arise for consideration of this Court is, (i) whether Rule 44(1)(i) of the Rules is in conflict with sections 34 and 35 of the Registration Act, 1908 or not, (ii) whether the impugned circular dated 12.7.2021 issued by the respondent […]

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