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Bombay High Court

HC Set Aside Order Rejecting Application for Lower or Nil TDS Deduction Certificate

October 8, 2020 5571 Views 0 comment Print

The issue under consideration is whether the AO’s order for rejecting the application for issuance of a certificate for lower deduction or nil deduction u/s 197 is justified in law?

AO cannot take second view on same set of facts treating earlier view as erroneous

October 8, 2020 2235 Views 0 comment Print

Asian Satellite Broadcast Pvt. Ltd. Vs. ITO (Bombay High Court) From the reasons recorded, order rejecting objections of the petitioner and the reply affidavit of respondent No.1 in the present proceeding, it is clearly discernible that the basis for re-opening of assessment was the two letters of departmental authorities dated 29.02.2018 and 29.03.2018. Though petitioner […]

No section 194C TDS on Reimbursement of Freight Charges to C&F Agents

October 7, 2020 38595 Views 0 comment Print

The issue under consideration is whether the payments made to C & F agents which is outright reimbursement of freight charges having no element of profit is liable to deduct tax at source under Section 194C of IT Act?

Compensation on Builder as per RERA if is Delay in Handing Over Possession

October 6, 2020 7644 Views 0 comment Print

The issue under consideration is whether Compensation will be levied on to the builder as per RERA if there is a delay in handing over the possession to the purchaser?

Re-opening of concluded assessment not valid if no failure on the part of petitioner to disclose fully & truly all material facts

October 5, 2020 1353 Views 0 comment Print

State Bank of India Vs. Vineet Agrawal (Bombay High Court) we are of the considered opinion that no reasonable view can be taken that there was failure on the part of the petitioner to disclose fully and truly all material facts necessary for its assessment for the assessment year 1990-91. If that be so then […]

Bombay HC Stays all demolition & Evictions till 31st October, 2020

October 5, 2020 888 Views 0 comment Print

Pimpri Chinchwad Municipal Corporation Vs Sarang Yadwadkar and Ors. (Bombay High Court) 1. The situation in Maharashtra, because of the pandemic, continues to be grim. Normal functioning of the Courts is yet to be restored. The litigant public may not suffer for no fault on their part. In such view of the matter, we consider […]

SC decision in Surya Roshni Ltd. Vs. EPF has retrospective effect

October 1, 2020 27594 Views 0 comment Print

GMMCO Limited Vs Regional Provident Fund Commissioner (Madras High Court); The Madras High court held that is not possible to countenance the contention raised by the Learned Counsel for the Petitioner in W.P. No. 949 of 2020 that the decision of the Hon’ble Supreme Court of India in Surya Roshni Ltd. -vs- Employees Provident Fund […]

Financial difficulties cannot be a ground for non/delayed payment of wages

September 29, 2020 4470 Views 0 comment Print

Hind Kamgar Sanghatana  Vs. State of Maharashtra (Bombay High Court) Payment of due wages to a workman is a statutory right under section 5 of the Payment of Wages Act &  is a fundamental right of a worker under Article 21 of the Constitution. Financial difficulties of employer cannot be a ground for non-payment or […]

Promoters Directors can nominate any person as a director to apply under CFSS Scheme 2020

September 22, 2020 2697 Views 0 comment Print

Navneet Sahay Verma and another Vs. Registrar of Companies and another (Bombay High Court) The Petitioners, because of their disqualification, cannot apply under the Companies Fresh Start Scheme in respect of their companies. This Scheme is to end on 30 September 2020. They, therefore, seek a direction that they may be permitted to apply under […]

Freezing Bank Account for a Long Period without Satisfying Pre-Conditions Not Justified in Law

September 22, 2020 4968 Views 0 comment Print

The issue under consideration is whether freezing the bank account for such a long period is justified in law?

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