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Bombay High Court

No TDS on Land Acquisition from Illegal Occupants by MMRDA

November 5, 2018 3282 Views 0 comment Print

CIT (TDS) Vs M/s Mumbai Metropolitan Regional (Bombay High Court) Section 194LA of the I.T.Act, 1961 inter alia deals with payment of compensation on acquisition of certain immovable property. Section 194LA of the I.T.Act, 1961 was brought into force with effect from 1st October, 2004. Section 194L of the I.T.Act, 1961 deals with payment of […]

Maharashtra Tax on Lotteries Act, 2006 is Constitutionally valid

November 2, 2018 1953 Views 0 comment Print

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 Section […]

Securitization of lease receivables is a taxable receipt in the year of securitisation

October 31, 2018 1302 Views 0 comment Print

Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the amount of Rs.1.69 Crores credited to the profit and loss account on account of securitization of lease rentals receivable in subsequent years is chargeable to tax in the assessment year 2002-03 ?.

Allow to amend TRAN-1 (CENVAT credit) if mistake is bonafide

October 31, 2018 4284 Views 0 comment Print

OEN India Ltd. Vs Union of India & Others (Bombay High Court) HC directs Petitioners to file representation to CBIC. This representation would be considered by the CBIC for verification and the bona fides of the claim made by the Petitioners. If satisfied, Petitioners would be allowed to amend the Trans­1 form to reflect the […]

S. 276(C)(1) During pendency of stay application criminal prosecution should not be launched

October 29, 2018 1203 Views 0 comment Print

Ramchandran Ananthan Pothi Vs UOI and Ors. (Bombay High Court) In the event, the petitioner seeks a stay of the order passed by the Assessment Officer by making a stay application, then, during the pendency of such application, the criminal prosecution Section 276(C)(1) of the Income  Tax Act 1961 should not be launched and, if it has been already launched, the same shall not proceed. […]

TDS certificates U/s. Section 197 r.w. Rule 28AA can be issued only by concerned official

October 29, 2018 1854 Views 0 comment Print

TLG India Private Limited Vs JCIT (Bombay High Court) It is stated that the impugned communications / certificates, copies of which are annexed to the Writ Petition as Annexures-T and U are withdrawn. The concerned official will now issue fresh certificates in accordance with law. While we allow withdrawal of these certificates and impugned in […]

Bring Some Order & Discipline in Granting Refunds: Bombay HC directs CBDT

October 29, 2018 807 Views 0 comment Print

Needless to clarify that in the absence of a clear policy, the Courts may then impose interest on the quantum of refund generated either by virtue of Court orders or by virtue of substantive proceedings arising out of refund applications. Either-way, it is the Revenue who would have to pay interest on the delayed refund and as such rates determined by the Court.

AO cannot ask for even 20% of Disputed Tax till disposal of appeal by CIT-A

October 28, 2018 18906 Views 0 comment Print

Bhupendra Murji Shah Vs. DCIT (Bombay High Court) 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 […]

IGST Refund: HC allows modifications in GSTR-1 & GSTR-3B

October 22, 2018 4101 Views 0 comment Print

Star Rays Vs Union of India (Bombay High Court) 1. This petition under Article 226 of the Constitution of India seeks a refund of integrated goods and service tax paid in respect of the goods which have been exported. The refund short is aggregates to an amount of Rs.8.42 crores and covers the period from […]

Advocate cannot seek Salary details of client’s Husband under RTI

October 22, 2018 3513 Views 0 comment Print

Rajesh Ramchandra Kidile Vs Maharashtra State Information (Bombay High Court, Nagpur Bench) Perusal of this application shows that the salary slips for the period mentioned in the application have been sought for by the Advocate. As rightly submitted by the learned counsel for the petitioner, the salary slips contain such details as deductions made from […]

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