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Bombay High Court

Authorized signatory of cheque, not being drawer, cannot be directed to pay interim compensation

March 27, 2023 10503 Views 0 comment Print

Lyka Labs Limited Vs State of Maharashtra (Bombay High Court) Bombay High Court held that the signatory of the cheque, authorized by the “Company”, is not the drawer in terms of section 143A of the Negotiable Instruments Act and cannot be directed to pay interim compensation under section 143A. Facts- The issue involves that whether […]

Reassessment only because of difference in opinion of valuation as adopted by assessee is untenable

March 25, 2023 1452 Views 0 comment Print

Bombay High Court held that only reason for re-assessment proceedings under section 148 of the Income Tax Act is adoption of different opinion on the question of valuation as against the one adopted by petitioner. Accordingly, such re-assessment proceedings is liable to be quashed and set aside.

Cash deposits in retail business cannot lead to belief that income has escaped assessment

March 25, 2023 1524 Views 0 comment Print

Bombay High Court held that being in retail business of electronic appliances, cash deposits from various places cannot be doubted be considered suspicious transactions. Accordingly, cash deposits in crores cannot lead to a belief that the income has escaped assessment. Re-opening unjustified.

Reassessment proceedings without any new tangible material is unsustainable in law

March 25, 2023 957 Views 0 comment Print

Bombay High Court held that re-assessment proceedings, in absence of any failure to disclose any material fact and without any new tangible material which was not available at the time of passing of the original assessment order, is unsustainable.

Reassessment proceedings invalid as no failure in disclosing any material facts

March 24, 2023 1551 Views 0 comment Print

Bombay High Court held that initiation of reassessment proceedings invalid as there was no failure on the part of the assesse to disclose any material facts.

Motor Accident Claim: Tyre Burst is not an ‘Act of God’ & Insurance Company is liable to pay Compensation

March 16, 2023 3369 Views 0 comment Print

Tyre burst is not an act of God but a consequence of negligence and the Driver/ Insurance company cannot be exonerated for the same.

SVLDR Scheme: HC allows payment after 30.06.2020 (due date) as challan was expired

March 16, 2023 2445 Views 0 comment Print

Innovative Antares Pvt. Ltd. Vs Union of India (Bombay High Court) Rejects Revenues contention that the payment could not be made beyond 30.06.2020 (due date). Rejects Revenues contention that the SVLDR Scheme is over The petitioner was a trader and service provider. It filed declaration under the SVLDR Scheme. The Form 3 was issued calling […]

Matter of levy of VAT/ GST on Extra Neutral Alcohol pending before SC hence hearing deferred

March 15, 2023 828 Views 0 comment Print

Bombay High Court deferred the hearing in the matter of levy of VAT or GST on Extra Neutral Alcohol as matter already pending before Supreme Court.

Appellate authority cannot pass ex-parte order for mere non-submission of grounds

March 14, 2023 546 Views 0 comment Print

Merely because petitioner failed to submit grounds of appeal as an attachment at the time of filing its memo of appeal in Form No. 35, could not be a basis for appellate authority to pass order ex-parte especially when submissions sufficiently reflected the grounds on which order of assessment was being challenged in appeal proceedings.

HC Grants Bail to Consultant in case of alleged Bribery to Income Tax Superintendent

March 13, 2023 972 Views 0 comment Print

Mehboob Jaffer Ali Shaikh Vs Central Bureau of Investigation (Bombay High Court) 1. This is an application for bail pending final disposal of Criminal Appeal No.157 of 2023 preferred by the Applicant against the Judgment and order dated 12/01/2023 passed by learned Special Judge, CBI, Greater Bombay in Special Case No.116 of 2013. The applicant […]

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