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Bombay High Court

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

June 26, 2018 837 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 4761 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 1935 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.

Notice in PDF format Delivered Through WhatsApp is Valid

June 11, 2018 4860 Views 1 comment Print

SBI Cards & Payments Services Pvt Ltd Vs Rohidas Jadhav (Bombay High Court) Bombay High Court has recently accepted service of notice in an execution application through WhatsApp after noting that notice served in the form of a PDF file was not only delivered, but the attachment was opened as well. 1. The Respondent to […]

Non-prosecution of appeal on account of tax effect involved being less than prescribed monetary limit

June 7, 2018 825 Views 0 comment Print

The learnedCounsel for the Appellant submits that the tax effect involved in the present appeal is less than Rs.20 lakhs and as per the CBDT Circular No.21 of 2015 dated 10th December, 2015, the Department has taken a policy decision not to prosecute the appeals wherein the tax effect is less than Rs.20 lakhs.

Disallowance cannot be made by mere intimation U/s. 143(1)(a)

June 7, 2018 8748 Views 0 comment Print

Bajaj Auto Finance Ltd. Vs CIT (Bombay High Court) While mere making of provision for bad debts will not by itself (on application of amended law) entitle the party to deduction, yet it would be a matter where the assessee should be given an  opportunity to establish its claim. This by producing its evidence of the manner in which it […]

HC grants relief to Cricketer Cheteshwar Pujara in Service Tax related case

May 28, 2018 1437 Views 0 comment Print

The petitioner is an Indian citizen. He is a businessman and says that he plays international cricket representing India. He also plays domestic cricket. He participated in what is known as Indian Premier League (IPL). He was one of the players chosen by the franchisee Knight Riders Sports Private Limited. This franchisee is owner of one team in the IPL, namely, Kolkata Knight Riders. An agreement of 21 st April, 2008 with the petitioner was executed by this franchisee.

HC ask CBDT to Reconsider practice of appointing retired revenue officers as panel counsel

May 28, 2018 1389 Views 0 comment Print

Principal CIT vs. Grasim Industries Ltd (Bombay High Court) We understand that while appointing panel Advocates for the Revenue, the requirement of having practiced for some number of years is not insisted upon in case a person has domain expertise, such as retired Officers of Revenue. If this indeed be the practice, it would, in […]

Bogus Loan: No need to explain source of source prior to insertion of proviso to Sec. 68

May 27, 2018 3789 Views 0 comment Print

This Appeal under Section 260-A of the Income Tax Act, 1961 (the Act), challenges the order dated 21st January, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 21st January, 2015 is in respect of Assessment Year 2010-11.

Penalty cannot be deleted for mere admission of appeal in quantum proceedings

May 27, 2018 2163 Views 0 comment Print

Principal CIT Vs M/s. Shree Gopal Housing (Bombay High Court) Admission of an appeal in quantum proceedings, if arising on a pure interpretation of law or on a claim for deduction in respect of which full disclosure has been made, may, give rise to a possible iew, that admission of appeal in the quantum proceedings […]

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