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Bombay High Court

Coercive measures cannot be taken against taxpayer in case he challenges Black Money Act

May 3, 2020 2922 Views 0 comment Print

Since assessee had not disclosed any black money or asset in the income tax proceedings going against him rather he had denied the same, therefore, while respondents may proceed pursuant to the impugned notices dated December 20, 2017 to assessee under Section 10(1) of the Black Money Act calling upon them to produce the details sought for in connection with the assessment for the assessment year 2017-18 under the Black Money Act however, no coercive measures might be taken against assessee if the occasion so arose.

Management at liberty to deduct wages of worker who remains absent voluntarily: Bombay HC

April 30, 2020 4896 Views 0 comment Print

Align Components Pvt. Ltd. Vs Union of India (Bombay High Court) It is clarifed that since the State of Maharashtra has partially lifted the lock down recently in certain industrial areas in the State of Maharashtra, the workers would be expected to report for duties as per the shift schedules subject to adequate protection, from […]

Court’s altruistic approach in granting Moratorium for NPA

April 24, 2020 2580 Views 0 comment Print

The period of the moratorium during lockdown will not be reckoned by ICICI Bank for the purposes of computation of the 90-day NPA declaration period. Further, if the lockdown extends beyond 31st May 2020, then these days will be deferred accordingly, irrespective of whether the moratorium itself is extended beyond 31st May 2020.

Bombay HC dismisses NCLT plea to ban Deloitte and BSR for 5 years

April 21, 2020 3069 Views 0 comment Print

Bombay High Court had upheld the constitutional validity of Section 140(5) of the Companies Act but held that it would not apply to auditors who had resigned and also squashed the prosecution or the criminal complaints filed by the Serious Fraud Investigation Office (SFIO) against the erstwhile auditors of Infrastructure Leasing and Financial Services Ltd (IL&FS) and its non-bank lending arm for alleged collusion in falsifying books terming it to be ‘ bad in law’.

During stay application pendency A.O. cannot ask banks to pay tax of taxpayer 

April 17, 2020 774 Views 0 comment Print

Pirna Urban Co-Oeprative Credit Society Ltd. Vs ITO (Bombay at Goa High Court) The issue under consideration is the notice issued by the Income Tax Officer (ITO) to the petitioner’s bank i.e. Ratnakar Bank Ltd., requiring the bank to remit an amount of 2,33,42,040/- as dues towards the payment of income tax by the petitioner. […]

In absence of Applicability of TDS, no Section 40(a)(ia) disallowance

April 17, 2020 1266 Views 0 comment Print

Section 194 C of the IT Act deals with deduction of tax at source when it comes to payment to contractors. In the present case, since neither the Assessee nor M/s. Prabhu Construction can be styled as contractors, it is obvious that the provisions of Section 194C of the IT Act were not attracted. Hence Section 194C will not be invoked in this case and therefore consequently provision of sec 40(a)(ia) would also not applicable.

Bombay HC extends interim orders until April 30 due to Covid 19

March 26, 2020 879 Views 0 comment Print

We find it appropriate to continue all interim orders which are operating till today and are not already continued by some other courts / authority including this court and the same shall remain in force till 30.04.2020, subject to liberty to parties to move for vacation of interim orders only in extreme urgent cases.

Special audit was invalid in absence of opportunity of hearing given to assessee

March 25, 2020 1857 Views 0 comment Print

Since there was a statutory requirement that AO had to provide reasonable opportunity of hearing to the assessee before directing the assessee to get the accounts audited under section 142(2A), therefore, in the absence of pre-decisional hearing, the decision to have special audit was, therefore, invalid and consequentially all the proceedings conducted thereafter stood vitiated.

Tribunal is not bestowed with powers to review its order: HC

March 22, 2020 987 Views 0 comment Print

Pr. CIT Vs Godrej Investment Ltd (Bombay High Court) In this case The view taken by the Tribunal in its order dated 9 July 2018 in both the Assessment Years was on the basis of the record available before it and its understanding/appreciation of the evidence on record for the two Assessment Years. This is […]

Income accrues only when due and on corresponding liability of other party to pay

March 22, 2020 1875 Views 0 comment Print

This order of ITAT Mumbai, upheld by the Bombay High Court further establishes the principle that for an income to accrue to a person, corresponding liability to pay should also arise to the other party.

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