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Bombay High Court

2nd proviso to section 158BC(a) do not prohibits an assessee from raising additional claim before appellate authorities

August 22, 2018 696 Views 0 comment Print

Bombay High Court ruling on revised income tax return. Second proviso to Section 158BC(a) discussed. Learn about the key legal considerations.

Expense for Higher Education of Directors’ Son not allowable as Business Expenditure

August 22, 2018 5013 Views 0 comment Print

Indian Galvanics Cyrium Foils Ltd. Vs DCIT (Bombay High Court) In the case in hand, Appellants-Assessee is a company manufacturing copper foils. Son of one of the directors was sent to USA for completing course in Business Administration which was ‘general’ in nature and had no direct nexus with the business activities of the Appellant-Assessee. Appellants did not place […]

Penalty justified on Company for claiming deduction under section 54

August 22, 2018 882 Views 0 comment Print

Assessee-company engaged in business of letting out of immovable property, had claimed benefit of section 54. AO found that assessee, being a company was not entitled to claim deduction under section 54; thus, he initiated penalty proceedings under section 271(1)(c) for furnishing of inaccurate particulars of income. However, assessee contended that penalty was not imposable, only on account of having made an ineligible claim.

No disallowance U/s. 14A in absence of actual receipt of income which is not includible in total income

August 20, 2018 2070 Views 0 comment Print

The expression does not form part of the total income in Section 14A envisages that there should be an actual receipt of the income, which is not includible in the total income, during the relevant previous year for the purpose of disallowing any expenditure incurred in relation to the income in question

Penalty U/s. 271(1)(c) cannot be imposed unless same been particularized

July 7, 2018 15648 Views 0 comment Print

CIT Vs M/s. L & T Finance Ltd (Bombay High Court) In none of these orders there is any whisper of the alleged particulars of income which has been concealed or what particulars of  income which have been filed is inaccurate. Mere using the words that there has concealment of income and / or furnishing inaccurate […]

Furnish compilation of judgments on reassessment to ACIT: HC direct Counsel

July 6, 2018 759 Views 0 comment Print

HC held that Before parting, we have to note that we have come across series of orders passed by the same Assistant Commissioner wherein reassessment proceedings are initiated after the period of four years and the reasons supplied and the actions taken are not in consonance with the settled law. We request the learned Standing Counsel to supply compilation of the above referred judgments to the concerned Commissioner.

Bombay HC directs Govt To Accept Income Tax Tax Returns without Aadhaar Linkage from petitioners

July 2, 2018 918 Views 0 comment Print

a) The respondents­ State is directed to accept the return of income for the Assessment Year 2018­19 by the petitioners herein if uploaded on or before 30th June, 2018 without Aadhar number, Aadhar Enrollment or any linkage with the PAN details.

RBI, ED and CBI looked upon as ‘guardians of citizens’ rights’ : Bombay HC

June 26, 2018 804 Views 0 comment Print

We are concerned in this petition with the actions of the RBI and the Enforcement Directorate, both of whom refer to the criminal proceedings launched by the CBI. Those in-charge of their affairs and those in power giving them directions ought to realise that nothing would be achieved if foundations and base of these institutions is shaken and if they allegedly obey every command of the political masters

Co-Operative Society cannot be treated as Industry under Industrial Disputes Act

June 22, 2018 4617 Views 0 comment Print

In the present case, merely because the society charged some extra charges from a few of its members for display of neon signs, the society cannot be treated as an industry carrying on business of hiring out of neon signs or allowing display of advertisements. In the premises, the impugned award of the Labour Court suffers from a serious error of jurisdiction.

AO cannot make addition for mere non-appearance of parties before him

June 15, 2018 1881 Views 0 comment Print

This Appealunder Section 260-A of the Income Tax Act, 1961 (the Act) challenges the order dated 11th March, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2009-10.

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