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Bombay High Court

Mere confirmation of disallowance by high court not sufficient to impose Penalty U/s. 271(1)(c)

July 23, 2014 1598 Views 0 comment Print

The imposition of penalty was found not to be justified and the Appeal was allowed. As a proof that the penalty was debatable and arguable issue, the Tribunal referred to the order on Assessee’s Appeal in Quantum proceedings and the substantial questions of law which have been framed therein

Expenditure on education of director is personal expenses and not allowable

July 21, 2014 6894 Views 0 comment Print

Cousel fo the Assessee submits that , the ITAT had erred in confirming the disallowance of expenditure on remuneration and training of a working Director of the Appellant-Assessee that was incurred legitimately for the efficient management

Even if section 201 do not prescribe any limitation period, proceedings must be completed within a reasonable period

July 21, 2014 1688 Views 0 comment Print

Though Section 201 does not prescribe any limitation period for the Assessee being declared as an Assessee in Default yet the Revenue will have to exercise the powers in that regard within a reasonable time.

Two Flat Merged into one eligible for Exemption U/s. 54 – Bombay HC

July 17, 2014 3052 Views 0 comment Print

Assessee alongwith his wife jointly owned bungalow. The bungalow was sold at Rs.3/­ crores. With this sum, they bought three flats, one in the Assessee’s name, another in the name of Assessee and his wife and third in the name of the wife.

Re-assessment proceedings based on mere bald statement that assessee has failed to make a full & true disclosure of material facts not sufficient

July 16, 2014 1328 Views 0 comment Print

It is true that the reasons for initiating re-assessment proceedings do in fact state that there was a failure on the part of the Petitioner to disclose fully and truly all material facts necessary for its assessment.

Office/Clinic Of Professionals are Not Commercial Establishment – HC

July 10, 2014 13817 Views 0 comment Print

he Division Bench held that a legal practitioner having an office cannot be said to be carrying on commercial activity and would not fall within the definition of the expression commercial establishment.

Dept. tendency of not accepting adverse verdict on facts resulting in frivolous Appeals – HC

May 14, 2014 1025 Views 0 comment Print

The tendency not to accept any adverse verdict on facts results in frivolous Appeals being filed in this Court. That causes huge loss to the public ex­chequer and results in wastage of precious judicial time of this Court.

Postal ballot & e-voting cannot dispense general meeting – HC

May 13, 2014 5955 Views 0 comment Print

Bombay high court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has passed a judgment on postal ballot and e-voting. Court has observed that postal ballot and e-voting is an additional facility and cannot have the effect of dispensing the general meeting at all.

New Companies Rules not binding till Publication in official gazette – HC

May 13, 2014 7385 Views 0 comment Print

Bombay High Court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has stated that gazetted copy of many MCA rules are not available, hence in the opinion of the court they are not binding so far or at least from 1st April 2014.

Sec. 234E TDS Fee- Bombay HC Grants Stay On Operation Of Notices

May 4, 2014 10776 Views 0 comment Print

Affidavit of service dated 10 April 2014 is filed indicating that Respondent nos.1 and 2 have received the notice on 31 March 2014 and 8 April 2014 respectively. Though served, none appears for Respondent nos.1 and 2.

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