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Bombay High Court

File Notings by Judges in Administrative Meetings out of purview of RTI Act

April 10, 2022 1002 Views 0 comment Print

Satara District Bar Association Satara Vs State of Maharashtra (Bombay High Court) There is certainly an element of confidentiality in the notings by Judges of any Committee of this Court. There is also very good reason why such notings should not in fact ever be disclosed or allowed to be disclosed. Whether or not this […]

Why AO should not be directed to pay interest on delayed refund from his own pocket: HC

April 6, 2022 6336 Views 0 comment Print

. Respondent nos.4 and 5 shall also explain why the concerned officer, who is delaying the refund, should not be penalized in as much as why he should not be directed to pay the interest from his pocket on the refund. We note this because though petitioner will be getting refund with 6% interest, it is public money that is being used to pay the interest.

Borrower has no right of hearing before Magistrate under SARFESI Act

March 31, 2022 7236 Views 0 comment Print

CA. Manisha Mehta Vs The Board of Directors of Represented by its Managing Director of ICICI Bank and ors. (Bombay High Court) The main prayer of the petitioners is for a declaration that natural justice should be read into section 14 of the SARFAESI Act. The SARFAESI Act is intended to facilitate quick recovery of […]

HC imposes cost on AO for blatant breach of principles of natural justice

March 30, 2022 2565 Views 0 comment Print

Goregaon Sports Club Vs ACIT (Bombay High Court) It is one of those blatant cases of breach of principles of natural justice and total non application of mind. In the assessment order, the Assessing Officer is referring to a show cause notice dated 12th April 2021 by which the DAO proposed modification in returned income […]

Bombay HC quashes 1377 Section 148 Notices issued after 31st March 21

March 30, 2022 23628 Views 0 comment Print

Since we are in respectful agreement with the reasons recorded and views taken by the Allahabad High Court, Rajasthan High Court, Delhi High Court and Madras High Court, in the cases referred hereinabove, and for reasons noted above, all these writ petitions listed above are disposed by allowing the same. The explanations to the Notification No.20 of 2021 dated 31st March 2021 and Notification No.38 of 2021 dated 27th April 2021 are declared ultra vires and are, therefore, bad in law and null and void.

SARFAESI Act can be applied even in respect of loan agreements entered into before it was brought into force

March 28, 2022 3516 Views 0 comment Print

Poorti Rent a Car and Logistics Pvt. Ltd. Vs Kotak Mahindra Bank Ltd. (Bombay High Court) Provisions of the SARFAESI Act can be applied even in respect of loan agreements entered into before such enactment was brought into force, we see nothing in any law to hold that the provisions thereof can never be resorted […]

No exemption from TCS on Purchase of Tendu leaves from Forest Department for Sale to manufacturer of bidis

March 26, 2022 7344 Views 0 comment Print

Gondia Beedi Leaves Contractors Association Vs Union of India (Bombay High Court) It is admitted that the re-sale of Tendu leaves, as it is without any process, after purchase from the Forest Department would amount to trading which does not qualify for exemption under sub-section (1A) of Section 206C of the Income Tax Act. It […]

Notional Interest on Security Deposit paid by employer for accommodation of its employee – perquisites?

March 22, 2022 5241 Views 0 comment Print

CIT Vs Shankar Krishnan (Bombay High Court) Whether Notional Interest on Security Deposit paid by employer for accommodation of its employee will also be included while calculating perquisites. BRIEF FACTS: 1. The Assessee is a salaried employee with McKinley & Company Inc., India. The Assessee was provided with rent free accommodation in Cuffe Parade, Mumbai […]

Son have no enforceable share or Right In Parents Flats in their lifetimes: HC

March 21, 2022 11814 Views 0 comment Print

Sonia Fazal Khan Vs Union of India (Bombay High Court) In this case Asif (Son) says that although his parents are alive, there are two flats and both are what he describes as ‘a shared household’ and therefore he, the son, has some sort of enforceable legal right or entitlement to either or both of […]

Remuneration & interest received Partnership not includible in gross receipts

March 21, 2022 12348 Views 0 comment Print

Admittedly, the assessee who was an individual in that case was not carrying on any business and the remuneration and interest received by the assessee from the partnership firm cannot be termed to be a turn over of the assessee (individual).

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