Bombay High Court

Tribunal is duty bound to consider application seeking leave to produce additional evidence at appellate stage

Braganza Construction (P.) Ltd. Vs ACIT (Bombay High Court)

Braganza Construction (P.) Ltd. Vs ACIT (Bombay High Court) The issue under consideration is that Whether on the facts and in the circumstances of the case the ITAT was justified in holding that the said amount of Rs.80 lakhs is deemed to be unexplained expenditure under proviso, to section 69C, of the IT Act, without […]...

Read More

Registration of Trust cannot be cancelled if activities of Trust are within its objects

CIT Vs Mumbai Metropolitan Region Development Authority (Bombay High Court)

CIT Vs Mumbai Metropolitan Region Development Authority (Bombay High Court) In the instant case Tribunal discussed the objects of the assessee i.e.,the respondent and returned a finding of fact that the entire objects are charitable in nature having regard to the meaning of the expression “Charitable purpose” as defined in the Act. Tr...

Read More

No withholding of refund of tax due to issuance of scrutiny notice

Tata Communications Ltd. Vs DCIT (Bombay High Court)

Tata Communications Ltd. Vs DCIT (Bombay High Court) Conclusion: Once a notice under subsection (2) of Section 143 was issued, the suspension of the refund arising out of the return filed by assessee would not be automatic till the passing of the order of assessment under sub-section (3) of Section 143.  Instead AO to take […]...

Read More

ITR can be filed in paper form if e-filing not allowing set off of losses

Samir Narain Bhojwani Vs DCIT (Bombay High Court)

Since the prescribed electronic return of income did not permit assessee to make his claim to set off of his profits of this year from the carried forward losses of the previous year, therefore, assessee was directed to make a representation on the above issue to the CBDT and in the meantime, assessee without prejudice to his rights and c...

Read More

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

In re Extention of Interim Orders (Bombay High Court)

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....

Read More

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

PCIT Vs Vilson Particle Board Industries Ltd (Bombay High Court)

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 procee...

Read More

Time limit stipulated under Rule 117 is not ultra vires of GST Act: Bombay HC

NELCO Ltd. Vs Union of India (Bombay High Court)

Time limit stipulated under Rule 117 of the Rules is not ultra vires of the Act. This Rule is traceable to the power conferred under section 164(2) of the Act. The time limit stipulated in Rule 117 is in consonance with the transitional nature of the enactment, and it is neither arbitrary nor unreasonable....

Read More

GST: Bank A/c of another Taxable Person cannot be provisionally attached merely for summons issued to him

Gehna Trading LLP Vs Union of India (Bombay High Court)

Power to provisionally attach bank accounts is a drastic power. Only upon contingencies provided therein that the power under section 83 can be exercised. It is therefore not possible to accept the submission of the Respondents that even though specified proceedings have been launched against one taxable person, bank account of another t...

Read More

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

Pr. CIT Vs Godrej Investment Ltd (Bombay High Court)

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 […]...

Read More

Revenue not entitled to attach properties of Private Trust to recover dues of trustees

Rajesh T. Shah Vs Tax Recovery Officer (Bombay High Court)

Revenue is not entitled to attach the properties belonging to a Private Trust to recover dues of the trustees, who was a director of a company which had allegedly defaulted in paying its tax dues....

Read More

Browse All Categories

CA, CS, CMA (4,680)
Company Law (5,954)
Custom Duty (7,737)
DGFT (4,218)
Excise Duty (4,361)
Fema / RBI (4,181)
Finance (4,380)
Income Tax (32,986)
SEBI (3,450)
Service Tax (3,553)