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Bombay High Court

Excessive delay in delivery of judgments may shaken the confidence of litigant in Judiciary

March 1, 2014 1897 Views 0 comment Print

Authorities under the Act are obliged to dispose of proceedings before them as expeditiously as possible after the conclusion of the hearing. This alone would ensure that all the submissions made by a party are considered in the order passed and ensure that the litigant also has a satisfaction

Financial hardship not necessary for grant of stay – HC

February 23, 2014 1988 Views 0 comment Print

Impugned order of the Tribunal has been passed in total disregard of the principles laid down in KEC International Ltd. Vs. B.R.Balakrishnan and others {(2001)251-ITR-158 (Bom)} wherein a Division Bench of this Court laid down the following parameters to be observed by the Authorities while considering the stay application :

Recovery before expiry of statutory period for filing appeal is breach of statutory provisions – HC

February 8, 2014 5615 Views 0 comment Print

The impugned communications dated 22 January 2014 and 23 January 2014 issued by Respondent no.3 Assistant Commissioner of Service Tax insisting that the Petitioner should pay the amounts adjudicated upon by order dated 27 December 2013 is contrary to the provisions

Tribunal cannot be a silent spectator to illegal coercive recovery of taxes in Defiance Of Law – HC

February 6, 2014 2206 Views 0 comment Print

Contention of the Assessee :- The action of the petitioner revenue in not only attaching the petitioner’s bank account but also withdrawing the amount of Rs.159.84 crores on 18 November 2013 when the stay application was already fixed for hearing before the Tribunal on 22 November 2013

Mere execution of development agreement not amounts to transfer

January 30, 2014 1775 Views 0 comment Print

The Commissioner of Income Tax (Appeals) so also the learned Tribunal upon perusal of the agreement in question found that the possession as contemplated in Section 53A of the Transfer of Property Act was in fact not handed over by the assessee to the developer.

Hindu married to non-Hindu can’t get divorce under Hindu Marriage Act

December 24, 2013 2340 Views 0 comment Print

The Bombay high court in the case of Niranjani Roshan Rao V/S. Roshan Mark Pinto, in Family Court Appeal No. 124 of 2013 has held that a Hindu married to a non-Hindu in accordance with Hindu rituals cannot seek divorce under the Hindu Marriage Act.

Tax Dept Should Not Cause Misery and Harass Taxpayers – HC

November 30, 2013 2368 Views 0 comment Print

Every Government has a right to levy taxes. But no Government has the right, in the process of extracting tax, to cause misery and harassment to the taxpayer and the gnawing feeling that he is made the victim of palpable injustice

Amount Received by Partner On Retirement Not Chargeable To Tax

November 28, 2013 3342 Views 0 comment Print

Decision of this Court in the case of Prashant S. Joshi (supra) placed reliance upon the decision of the Supreme Court in the case of CIT V/s. R. Lingamallu Rajkumar reported in [2001] 247 ITR 801, wherein it has been held that amounts received on retirement by a parnter is not subject to capital gains tax.

ITAT Has No Power to Dismiss Appeal For Non-Appearance

October 27, 2013 2660 Views 0 comment Print

Whether the Tribunal has power in terms of Rule 24 of the Tribunal Rules to dismiss an appeal before it without considering the merits of the appeal and only on the ground for want of prosecution?

HC orders Co-Op Registrar to Prepare new panel of Auditors / Audit Firms : HC

October 26, 2013 4399 Views 0 comment Print

The challenge in this petition is to the Circular dated 6th March, 2013 issued by the 1st respondent. The said circular lays down the procedure of preparation of a panel of Auditors and Auditing firms in accordance with the third proviso to sub-section (1) (a) of Section 81 of the Maharashtra

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