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Bombay High Court

Assessment after search U/s. 153A is limited to incriminating evidence found during search

September 5, 2018 2172 Views 0 comment Print

CIT Vs M/s. SKS Ispat & Power Limited (Bombay High Court) On perusal of Section 153A of the Act, it is manifest that it does not make any distinction between assessment conducted under Section 143(1) and 143(3). This Court had occasion to consider the scope of Section 153A of the Act in case of The […]

Co-Op HSG Society cannot charge Transfer fees in excess of permissible fees as donation

August 31, 2018 20619 Views 0 comment Print

Alankar Sahkari Griha Rachana Sanstha Vs Atul Mahadev Bhagat & Anr (Bombay High Court) When the persons come together with common object of housing, after formation of a Cooperative Society, they are governed under rules and bye-laws of Maharashtra Cooperative Societies Act. So far as the members are concerned, the Cooperative Housing Society can collect […]

HC explains difference between Res Judicata and Consistency Principle

August 27, 2018 7563 Views 0 comment Print

PCIT Vs. Quest Investment Advisors Pvt. Ltd (Bombay High Court) The decisions cited have uniformly held that res judicata does not apply in matters pertaining to tax for different assessment years because res judicata applies to debar courts from entertaining issues on the same cause of action whereas the cause of action for each assessment […]

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

August 22, 2018 738 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 5145 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 909 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 2127 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 15666 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 807 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 975 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.

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