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Bombay High Court

Office/Clinic Of Professionals are Not Commercial Establishment – HC

July 10, 2014 14009 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 1052 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 6054 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 7514 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 10872 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.

TDS U/s. 194H not deductible on Product Discount Schemes

April 12, 2014 18564 Views 0 comment Print

The assessee contended that the expenditure under the said claims are only for promotion of sales and hence had no relation to payment of any commission on sales. The assessee contended that therefore tax at source is not required to be deducted as the said expenditure did not fell within the ambit of Section 40(a)(ia) of the Income Tax Act.

Loss on writing-off of irrecoverable advances under scheme of amalgamation cannot be carried forward for set off in subsequent years

April 9, 2014 1415 Views 0 comment Print

Deposits or advances given to the parties which was written-off latter in the scheme of amalgamation, were neither a capital assets nor there was any transfer, thus no capital loss is allowed to be carried forward to the subsequent year. Thus held that irrecoverable advances written-off are not a transfer and the loss cannot be claimed as capital loss.

Parliament can impose Service Tax on Restaurants & Hotels – Bombay HC

April 8, 2014 3077 Views 0 comment Print

Bombay HC dismisses writ filed by Indian Hotels and Restaurant Association and upholds validity of service tax levy on air-conditioned restaurants serving liquor u/s 65(105)(zzzzv) of Finance Act.

No Adjournment for absence of advocates without reasonable cause -HC

March 8, 2014 3907 Views 0 comment Print

Hon’ble Bombay HC has recently held in the case of Thermax Babcock & Wilcox Ltd. Vs. CIT that In the event, the Counsel engaged by the Department is absent without a justifiable or reasonable cause, we will invariably impose costs and to be paid by the Counsel personally.

Service Tax – No Pament No Bail as its a continuing offence – HC

March 5, 2014 6368 Views 0 comment Print

The applicant had collected Rs.2.59 Cores of Service Tax during the period 2010-2011 to 2013-­2014 but had not deposited the said amount except Rs.15 Lakhs. The applicant had in fact never filed any service tax returns and as such knowingly utilized the Government monies for his personal use.

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