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Bombay High Court

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

September 9, 2019 711 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 3480 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 1794 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 […]

Proof of exports for fulfilment of EO – Absence of Bill of Export not fatal

August 30, 2019 4203 Views 0 comment Print

Bombay High Court has directed the DGFT to issue export obligation discharge certificate in a case where the Additional DGFT was satisfied that the petitioner had fulfilled the export obligation but denied the benefit of fulfilment of export obligation only on the ground of non- furnishing of bill of export,

No fundamental right to import and quantitative restrictions can be imposed

August 28, 2019 2703 Views 0 comment Print

Chailbihari Trading Pvt Ltd. Vs Union of India (Bombay High Court) The Bombay High Court has held that there is no fundamental right to import poppy seeds and quantitative restrictions can be imposed as per the National Policy on Narcotic Drugs and Psychotropic Substances, controlled by the Narcotic Drugs & Psychotropic Substances Act, 1985 which […]

Income from Letting of Property is Business Income if same is business Object of Firm

August 23, 2019 3795 Views 0 comment Print

Pr. CIT Vs Shreeji Exhibitors (Bombay High Court) The impugned order of the Tribunal noted the fact that the assessee’s activity of letting out building premises is its business activity. This, the Tribunal observed it is clear from objects of the respondent as set out in its partnership deed viz. to deal with properties i.e. to […]

Delay in depositing tax under IDS, 2016 for personal reasons cannot be condoned

August 21, 2019 3687 Views 0 comment Print

Sadhana R. Jain Vs CBDT & Anr (Bombay High Court) Reading of the  CBDT Circular dt. 28-3-2017, it would clearly emerge that while providing for a limited window, in cases where payments were made through banking channels but the deposit was made by the bank in the Government revenue few days after 30-11-2016 to condone […]

Depreciation Vs. Actual cost: Government subsidy for setting up new industry

August 20, 2019 7293 Views 0 comment Print

Pr. CIT Vs M/s. Welspun Steel Ltd. (Bombay High Court) If Government subsidy was intended as an incentive to encourage entrepreneurs to move to backward areas and establish industries. In such a case, specified percentage of the fixed capital cost, which was the basis for determining the subsidy, would be granted. The Court held that, […]

Section 14A disallowance when Expenditure incurred against earning of exempted income disallowed voluntarily by Assessee

August 20, 2019 4542 Views 0 comment Print

Pr. CIT Vs M/s. Lee & Murihead Pvt Ltd (Bombay High Court) Sub-section (2) of section 14A of Income Tax Act, 1961  provides that Assessing Officer would determine the amount of expenditure incurred in relation to income which not forms part of total income if he is not satisfied with the correctness of claim of […]

Section 80IB deduction cannot be allowed if not claimed by assessee in return filed by him

August 20, 2019 2823 Views 0 comment Print

EBR Enterprises Vs Union of India (Bombay High Court) Sub Section (5) of Section 80A of the Act mandates is that, if the assessee fails to make a claim in his return of income for any deduction under the provisions specified therein, the same would not be granted to the assessee. This condition or restriction […]

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