Bombay High Court

ITAT should not remand an issue to TPO which can be considered at its end

Sony Pictures Networks India Pvt Ltd Vs ITAT, Mumbai & Ors. (Bombay High Court)

Sony Pictures Networks India appeal: By not dealing with an issue which is otherwise ripe for consideration and instead remanding to the TPO, the Tribunal ensures further litigation and continued uncertainty for both the Revenue and the assessee, non-consideration of the basic submission made at the hearing as recorded, is clearly a mista...

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File tax appeals before the bench allotted to district where dispute arose

Dixons Cargo Consolidators Pvt. Ltd. Vs Commissioner of Customs (High Court Bombay)

Dixons Cargo Consolidators Pvt. Ltd. Vs Commissioner Of Customs (High Court Bombay) The impugned orders passed by the Tribunal in excise appeals before us relate to and arise out of disputes relating to manufacture of excisable goods which have taken place at Nagpur. Therefore, the Excise Appeal Nos. 28 of 2017 and 105 of 2017 before [&h...

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Buying and selling of share in short span of time doesn’t changed character of capital gain as business income

Pr. CIT Vs M/s Viksit Engineering Ltd. (Bombay High Court)

Pr. CIT Vs M/s Viksit Engineering Ltd. (Bombay High Court) Buying and selling of share in short span of time doesn’t changed character of capital gain as business income High Court of Bombay in case of Principal Commissioner of Income-tax-II v/s Viksit Engineering Ltd vide its ITA Appeal No:485 dated 26th November 2016 has held [&he...

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GST leviable on Supply of Goods at Domestic Airport to transit passengers

A­1 Cuisines Private Limited Vs Union of India (Bombay High Court)

A­1 Cuisines Private Limited Vs Union of India (Bombay High Court) Facts : Petitioner seeks issuance of Writ directing the respondent UOI to exempt the petitioner from charging applicable taxes under the GST legislations on sale of cosmetic products, perfumes etc. to the International passengers and claim refund of any input tax paid on ...

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Default in issuing Form 16 Salary TDS certificates makes employer liable to prosecution

Ramprakash Biswanath Shroff  Vs CIT (TDS) (Bombay High Court)

The petitioner says that he is a senior citizen of 65 years of age and because he is not in possession of Form No.16, he has suffered at the hands of the Department. Let, therefore, the necessary steps be taken in law so that such occurrences are avoided in future....

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Merely holding shares for a short period will not convert capital gain into business income

Pr. CIT Vs M/s Viksit Engineering Ltd. (Bombay High Court)

Pr. CIT Vs M/s Viksit Engineering Ltd. (Bombay High Court) We note the fact, that the issue of classification of income on sale of shares as business income or as short term capital gains is to be decided the facts of each case. The tests to be applied for such determination is provided in CBDT Circular No.4 of […]...

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AO cannot reopen solely based on info received from DIT (Investigation)

M/s. Shodiman Investments Pvt. Ltd. Vs Pr. CIT (High Court Bombay)

M/s. Shodiman Investments Pvt. Ltd. Vs PCIT (High Court Bombay) In this case Assessing Officer has not applied his mind to the information received by him from the DDIT (Inv.). The Assessing Officer has merely issued a re­opening notice on the basis of intimation regarding re­opening notice from the DDIT (Inv.) This is clearly in [&hell...

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Maharashtra Tax on Lotteries Act, 2006 is Constitutionally valid

Sri Mangal Murty Marketing Vs State of Maharastra (High Court Bombay)

Sri Mangal Murty Marketing Vs State of Maharastra (High Court Bombay) As a result, perusal of the Lotteries (Regulation) Act 1988 only regulates the lotteries and the Regulation is in form of the stipulation of terms and conditions when the Government organizes, conduct or promotes a lottery. The intention of the Parliament in introducing...

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Goods cannot be treated as Smuggled for mere non-maintenance of books

Union of India Vs Imtiaz Iqbal Pothiwala (Bombay High Court)

UOI Vs Imtiaz Iqbal Pothiwala (Bombay High Court) We are of the view that in the absence of evidence in the form of regular Books of Account, Registration under the Income Tax and Sales Tax, etc., cannot ispo­facto lead to the conclusion that the seized gold bars, are smuggled gold bars. These may lead to proceedings for […]...

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AO not justified in insisting on payment of 20% of demand during pendency of appeal before CIT(A)

Bhupendra Murji Shah Vs DCIT (High Court Bombay)

Bhupendra Murji Shah Vs DCIT (High Court Bombay) We are not concerned here with the Circular of the Central Board of Direct Taxes. We are not concerned here also with the power conferred in the Assessing Officer of collection and recovery by coercive means. All that we are worried about is the understanding of this […]...

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