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Bombay High Court

Refusal to accept notice sent by post is deemed service of notice

May 6, 2017 17181 Views 0 comment Print

Admittedly, in the present case, there is an endorsement on the packet which was sent to the address of the noticee, namely, the sole proprietor; that the sole proprietor received it but refused to accept the same. When it was sent by R.P.A.D. to the address, it was returned by the postal authorities with the […]

Notice by Whatsapp or Email is valid if acknowledged by recipient

May 3, 2017 8892 Views 0 comment Print

Where an alternative mode (Whatsapp and Email) is used and service is shown to be effected of the notice, and is acknowledged , then surely it cannot be suggested that the Defendants had ‘no notice’

Assesse must satisfy the appellate authority that ground now raised was bona fide and could not have been raised earlier for good reasons

April 25, 2017 2976 Views 0 comment Print

We note that it is an undisputed position before us that for the subject assessment year, the appellant assessee had not claimed benefit of Section 80IA of the Act in respect of its Jetty / Port either before the Assessing Officer or before the CIT(A).

Sec 40(a)(ia) amendment extending TDS payment due date U/s. 139(1) is Retrospective

April 24, 2017 3147 Views 0 comment Print

Amendment to Section 40 (a)(ia) of the Act by Finance Act, 2010 is retrospective with effect from 1st April, 2005 as held by various High Courts.

Tax relief to Nusli Wadia on sale of life interest in income from Trust property

April 21, 2017 2619 Views 0 comment Print

In a recent ruling, the division bench of the Bombay High Court, while allowing tax relief to Mr. Nusli Wadia, held that the sale of his life interest in the income from the Trust property would not attract Capital gains Tax if the previous transaction through which he got the title over the property was held as not a transfer or Gift under the Income Tax Act.

Section 54F: Mere allotment letter issued by developer does not confer title

April 19, 2017 7083 Views 0 comment Print

1. This appeal under Section 260 A of the Income Tax Act, 1961(the Act) assails the order dated 31st October, 2012 passed by the Income Tax Appellate Tribunal (Tribunal). The impugned order relates to Assessment Year 2006-07 2. This appeal was admitted on 28th January, 2015 on the following substantial questions of law:-

TDS cannot be adjusted against Payment made under VDIS

April 18, 2017 1701 Views 0 comment Print

This Petition under Article 226 of the Constitution of India challenges a communication dated 18th March, 1998 of the Commissioner of Income Tax, Mumbai City­ III and the Circular dated 25th July, 1997 of the Central Board of Direct Tax (CBDT).

No Copyright violation by Sony by hosting Kids Talent Show: HC denies Relief to Zee

April 11, 2017 1446 Views 0 comment Print

I find it difficult to accept much of this. Indeed I would question the assertion that the concept of an acting-based talent hunt is unique, novel, distinct or that it was first adopted by Zee. That needs much more material, and I can find it nowhere in these papers.

1st proviso to Sec. 68 inserted by Finance Act, 2012 is prospective: Bombay HC

April 10, 2017 6261 Views 0 comment Print

This Appeal under Section 260 ­A of the Income Tax Act, 1961 (the Act) challenges the order dated 23rd April, 2014 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2008­- 09.

Government cannot direct assessing officer to take a particular view: HC

April 3, 2017 1431 Views 0 comment Print

HC held that The Central Government cannot direct the assessing officer to take a particular view of the matter as that would be a direct interference with his powers as an assessing officer. He has to exercise the powers in accordance with law.

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