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Bombay High Court

HC permits to pay Tax Liability as calculated by Petitioner under SVLDR Scheme

June 30, 2020 1179 Views 0 comment Print

whether the rejection of petitioner’s application under Sabka Vishwas (Legacy Dispute Resolution) Form No. SVLDRS-3 in respect of central excise duty payable is justified by law?

Advances for purchase of vehicles/plant/machinery allowable as bad debt

June 28, 2020 2955 Views 0 comment Print

PCIT Vs Hybrid Financial Services Ltd (Bombay High Court) Under Section 36(1)(vii) of the Act, the amount of any bad debt or any part thereof which is written off as irrecoverable in the accounts of the assessee for the previous year is to be allowed as deduction in computing income under Section 28 of the […]

Section 148- Revenue cannot travel beyond reasons recorded & same cannot be supplemented at the Later stage

June 27, 2020 6699 Views 0 comment Print

Gateway Leaisng Pvt Ltd Vs ACIT (Bombay High Court) Section 148- Revenue cannot travel beyond reasons recorded & same cannot be supplemented at the Later stage. Reasons which are recorded by the Assessing Officer for re-opening an assessment are the only reasons which can be considered when the formation of the belief is impugned; such […]

ISKCON is a well-known trade mark & use by others of if it is Misuse: HC

June 26, 2020 1920 Views 0 comment Print

At the outset, it is important to note that the claim of the Plaintiff that ISKCON is a well-known trade mark is not disputed by the Defendant. It is clear that ISKCON is a coined trade mark of the Plaintiff, that is to say that the said term ISKCON did not exists prior to the Plaintiff’s adoption and use of the same.

Penalty cannot be levied for making a claim which may be erroneous or wrong

June 24, 2020 5106 Views 0 comment Print

The issue under consideration is whether the levy of penalty u/s.271(1)(c) of the Act is justified in law for for making a claim which may be erroneous or wrong ?

Education Cess & Higher Secondary Education Cess allowable as a Business Expenses

June 24, 2020 17724 Views 0 comment Print

The issue under consideration is whether the Education Cess and Higher and Secondary Education Cess is allowable as a business expenses?

Per-Day Allowance during employee stay abroad: Non-Taxable

June 23, 2020 3003 Views 0 comment Print

CIT Vs Information Architects (Bombay High Court) The amounts paid by the assessee to its employees towards overseas maintenance allowance. These amounts were paid towards expenses at the rate of IEP 50 per day per employee. Held that these amounts constitute only reimbursement for the expenses incurred by the employees at a particular amount per […]

Section 148 notice unsustainable as very basis of notice was invalid

June 23, 2020 1767 Views 0 comment Print

High Court states that if the Assessing Officer had no jurisdiction to initiate re- assessment proceeding, the mere fact that subsequent orders have been passed would not render the challenge to jurisdiction infructuous. If the very basis for re- opening assessment does not survive, orders on such re-opening would not survive too. Hence, considering the matter in its entirety HC are of the view that the impugned notice under Section 148 of the Act issued by AO cannot be sustained.

Section 68 -Accommodation entry- Bombay HC in PCIT vs Alag Securities Pvt Ltd

June 22, 2020 4719 Views 0 comment Print

Article on Section 68 with recent development in Case Laws in Bombay High Court in case of Pr. CIT vs Alag Securities Pvt Ltd. vide ITA No. 1512 of 2017 dated June 12, 2020 UNXEPLAINED CASH CREDITS, INVESTMENT, MONEY UNDER PROVISIONS OF INCOME TAX ACT, 1961 CASH CREDIT [SECTION 68]  define as where any sum is […]

50% school fees waiver PIL dismissed by HC as no School been made respondent

June 21, 2020 1962 Views 0 comment Print

Although relief has primarily been claimed against the schools, the management of not a single school has been impleaded as a respondent by the PIL petitioner. Obviously, granting the prayers of the PIL petition in the absence of the schools would amount to breach of principles of natural justice.

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