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Bombay High Court

Director Bank Account Attachment for default in MVAT Payment by Public Company is unjustified

September 15, 2019 5616 Views 0 comment Print

Girdhari Lal Lath Vs. State of Maharashtra & Ors. (Bombay High Court) Since Sub Section (6) of Section 44 of the MVAT Act is subject to the Companies Act, 2013 the definitions and distinctions laid down in the Companies Act, 2013 vis-a-vis public company and private company would be applicable to Section 44(6) of the […]

Revenue should ensure that it is properly represented by appointing meritorious Advocates: HC

September 15, 2019 1905 Views 0 comment Print

CIT­ Vs M/s. TCL India Holdings Pvt. Ltd. (Bombay High Court) Hon’ble High Court Observed that The issues which arise before this Court have at times huge tax implications and as the decision rendered in one case would have a bearing on all similar matters across the State, the importance of proper appointment is paramount. […]

HC to ITAT: Mention citation and no general observations in order

September 13, 2019 1392 Views 0 comment Print

Pr. CIT Vs M/s. M. J. Exports Pvt. Ltd. (Bombay High Court) HC held that impugned order of the Tribunal after recording that the issue stands covered by various decisions of the Supreme Court and the various High Courts cases observes ‘admittedly, there are contrary decisions where it is held that interest paid on delayed […]

GST not payable on damages/compensation paid for a legal injury

September 13, 2019 20664 Views 0 comment Print

Bai Mamubai Trust Vs Suchitra (Bombay High Court) In the present case, where the Plaintiff has made out a strong prima facie case and the Defendant has not been able to demonstrate any semblance of right to occupy the Suit Premises, it cannot be said that the Defendant’s occupation pursuant to an Order of the […]

No GST Leviable on Services Provided by Court Receiver

September 13, 2019 10584 Views 1 comment Print

Bai Mumbai Trust Vs Suchitra (Bombay High Court) Issue raised whether GST is applicable on services or assistance rendered by the Court receiver appointed by the Court under order XL of CPC. Court observed that schedule III provides that services provided by any court or tribunal established under any law is neither a supply of […]

Loan Waiver due to one time settlement cannot be termed as revenue receipt

September 11, 2019 2790 Views 0 comment Print

In the given case, Revenue has challenged the order passed by the ITAT. Here issue under consideration is that, whether, waiver off loan on account by the lender on account of one time settlement of loan can be termed as revenue receipt or not?

TPO could not assume jurisdiction to determine ALP of a SDT not reported to him

September 11, 2019 2142 Views 0 comment Print

Times Global Broadcasting Company Ltd Vs Union of India & Ors. (Bombay High Court) It is indisputable that by virtue of sub-sections (2A) and (2B) of Section 92CA, in case of an international transaction, the TPO would have an authority to examine any international transaction which comes to his notice during the proceedings, whether a […]

No lethargy of department in not filing up posts of ITAT administrative staff

September 9, 2019 669 Views 0 comment Print

The petitioner’s grievance that the work of important Tribunal like Income Tax Appellate Tribunal should not be allowed to suffer on account of shortage of administrative staff is perfectly legitimate, however, we do not find any lethargy on the part of the Department in not filing up said posts.

GST authorities cannot refuse to give copies of document seized unless same affects investigation prejudicially

September 6, 2019 3417 Views 0 comment Print

High Ground Enterprises Ltd Vs UOI (Bombay High Court) Petitioner has sought to question the refusal by the Officers of the DGGI, Mumbai to supply documents to the Petitioner seized by the officers and also sought a direction to the Respondents to hand over copies of the documents seized in January 2019 Petitioner, in the […]

Discount under product distribution scheme to buy assessee’s product is not a commission for TDS U/s. 194H

September 2, 2019 1716 Views 0 comment Print

CIT Vs Intervet India Pvt.Ltd. (Bombay High Court)  The Assessee had undertaken sales promotional scheme viz. Product discount scheme and Product campaign as discussed herein above under which the Assessee had offered an incentive on case to case basis to its stockists/dealers/agents. An amount of Rs.70,67,089/- was claimed as a deduction towards expenditure incurred under […]

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