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Bombay High Court

Capital Gain Tax applicable on Transfers made by corporate entities under family arrangement /settlement

July 24, 2017 2250 Views 0 comment Print

This appeal under Section 260A of the Income Tax Act, 1961 (Act) challenges the order date 23.4.2002 of the Income Tax Appellate Tribunal, Nagpur (Tribunal) relating to Assessment Year 1995- 96.

Bogus share capital: If document shows genuineness of transaction it cannot be treated as bogus for non appearance of shareholder

July 14, 2017 1728 Views 0 comment Print

The balance sheet and profit and loss account of these persons discloses that these persons had sufficient funds in their accounts for investing in the shares of the Assessee. In view of these voluminous documentary evidence, only because those persons had not appeared before the Assessing Officer would not negate the case of the Assessee.

PIL seeking to defer GST Roll out dismissed by Bombay HC

July 13, 2017 1146 Views 0 comment Print

Petitioner cannot urge and/or seek directions to the respondents to postpone the decision to implement GST with effect from 1.7.2017, for simple reason that herein levy and collection of taxes on goods and services has sanction of law.

Whether tax U/s. 221 of the IT Act takes within its ambit interest component?

July 9, 2017 2358 Views 0 comment Print

Section 221 of the Income Tax Act, 1961, prescribes penalty according to its provisions when an assessee is in default or is deemed to be in default in making a payment of tax.

Appeals Filed U/s. 10F of Companies Act 1956 cannot be condoned after 60 days

June 23, 2017 3957 Views 0 comment Print

In view of Companies Act, 1956 being a special statute and upon considering the language of section 10-F, in my view it is clear that the Company Court has no power to condone delay beyond the period of 60 days.

Mandatory Pre-Deposit U/s. 129E of Customs Act is Constitutionally Valid: Bombay HC

June 19, 2017 6786 Views 1 comment Print

The Bombay High Court has upheld the constitutional validity of Section 129 E of the Indian Customs Act, 1962, that makes pre- deposit mandatory for filing an appeal before the tribunal or the Commissioner (Appeals) concerned.

Sale of Attached Property after 3 years not barred by Limitation when Settlement Commission order not become Final

June 19, 2017 4566 Views 1 comment Print

In a recent ruling, the division bench of the Bombay High Court held that the assessee cannot claim that the sale of attached property is time-barred under Rule 68B of the Second Schedule, where he has applied to Settlement Commission for extension of time for payment of demand as per Order of Settlement and his application is pending and writes to TRO for putting sale on hold based on such application.

Bombay HC Restrains Amul From broadcasting TV Ads expressing opinion on Kwality Walls ice cream

June 16, 2017 5769 Views 0 comment Print

The Bombay High Court has restrained Gujarat Co-operative Milk Marketing Federation Ltd (GCMMF), which markets ice cream under brand name Amul, from broadcasting two television advertisements as they were disparaging towards plaintiff’s product, Kwality Walls.

HC allows payment by Dharma Productions to SRK owned Company

June 11, 2017 1656 Views 0 comment Print

It was observed that the assessee company is owned by Mr. Karan Johar and RCEPL is owned by Mr.Shahrukh Khan. Both are known personalities of Indian film industry. The authorities have not disputed the fact of providing services by Mr.Shahrukh Khan in the production and marketing of the film `Kaal’. The film was released under […]

Excise Dept To Refund Excessive Fine Imposed 19 Years Ago

June 9, 2017 846 Views 0 comment Print

The matter is called out for final hearing as the matter is specifically listed for final hearing in summer vacation. Heard the learned counsel for the Petitioner and the learned Government Pleader for the State. 2. The Petitioner which is a private limited company holding FL II license and carrying on business of selling liquor […]

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