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Bombay High Court

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

March 15, 2018 2793 Views 0 comment Print

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).

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

March 11, 2018 6342 Views 0 comment Print

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 […]

Allowance of bad debt depends on how it is reflected in accounts

March 10, 2018 4077 Views 0 comment Print

Allowance of bad debt depends on how it is reflected in accounts

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

March 6, 2018 37851 Views 1 comment Print

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.

Bombay HC Criticizes Advocates for Unethical Conduct and facilitating unethical misadventures of their clients

March 5, 2018 1998 Views 0 comment Print

Certain Advocates have forgotten the code of eithcs. They facilitate the unethical misadventures of their clients, encouraging their clients dishonest practices, causing grave stress to the Judiciary, and bringing the entire judicial system to disrepute.

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

March 3, 2018 1986 Views 0 comment Print

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.

Attachment of bank A/cs U/s. 226(3) not justified as dept already recovered more than 15% of disputed demand

February 27, 2018 12690 Views 0 comment Print

Revenue was not justified in issuing the impugned attachment notices under section 226(3), since they had already recovered more than 15 per cent of the disputed demand in view of the Office Memorandum issued by CBDT.

Amount disallowed u/s 14A cannot be added to arrive at book profit for MAT Calculation

February 27, 2018 5808 Views 0 comment Print

ribunal followed its decision in M/s. Essar Teleholdings Ltd. v/s. DCIT to held that an amount disallowed under Section 14­A of the Act cannot be added to arrive at book profit for purposes of Section 115JB of the Act.

No more adjournments, No more ‘tareek pe tareek’: Bombay HC

February 27, 2018 15426 Views 2 comments Print

No more adjournments. No more tareek pe tareek. Enough is enough. That a Court will endlessly grant adjournments is not something that parties or advocates can take for granted. Nor should they assume that there will be no consequences to continued defaults and unexplained delay

Formulate rational policy for processing IT Returns sent to AO: HC

February 26, 2018 1311 Views 0 comment Print

Yet again, Section 143(1D) of the Income Tax Act came under the scrutiny of a Constitutional Court. This time, it was the High Court of Bombay, which held categorically while considering many writ petitions in Tata Projects Limited vs. Deputy Commissioner of Income Tax Range 2(3)(2) & Ors., that Section 143(1D) of the Income Tax Act

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