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Bombay High Court

RIl not eligible to avail Vivad Se Vishwas scheme benefit as prosecution was instituted against them under PC Act

December 31, 2021 1095 Views 0 comment Print

Reliance Industries Limited Vs CCIT (Bombay High Court) Respondent no.1, by letter dated 21st October 2020, replied to petitioner’s application dated 15th April 2020 that petitioner was eligible / entitled to avail the benefit of DTVSV (Direct Tax Vivad Se Vishwas) Act in accordance with law. Following the said communication, petitioner filed 27 applications for […]

Section 148 notice cannot be issued after approval of Resolution Plan under IBC 2016

December 31, 2021 4503 Views 0 comment Print

HC held that the IT Department is not entitled to issue notice against the Corporate Debtor for unpaid tax claims after the approval of the resolution plan by the adjudicating authority.

HC decline waiver of interest as appellant not challenged the order levying interest

December 31, 2021 2700 Views 0 comment Print

Bennett Coleman & Co. Ltd. Vs DCIT (Bombay High Court) Section 215 of the Act makes it clear that the Assessee is required to pay interest where he has paid advance tax less than 75% of the assessed tax, the Assessee is required to pay simple interest @ 15% p.a. from the first day of […]

Mandatory Hallmarking of Gold-  HC restrains Maharashtra Govt from taking coercive action

December 26, 2021 642 Views 0 comment Print

Pune Saraf Association & Ors. Vs Union of India & Ors. (Bombay High Court) It is an admitted and undisputed position that currently, there are insufficient Hallmark Centres in the country. This, according to us, is a decisive factor to be taken into consideration at the interlocutory hearing of this Writ Petition. Whilst we appreciate […]

Entire exercise of making TP adjustments is a matter of estimate of a broad & fair guess-work

December 22, 2021 750 Views 0 comment Print

PCIT Vs Mount Kellett Capital Management India Pvt. Ltd. (Bombay High Court) Entire exercise of making transfer pricing adjustments on the basis of comparables is nothing but a matter of estimate of a broad and fair guess-work of the authorities based on factual relevant materials brought before the authorities, i.e., the TPO or Dispute Resolution […]

Not giving sufficient time is violative of principle of natural justice

December 22, 2021 2955 Views 0 comment Print

SPL Gold India Private Limited Vs ACIT (Bombay High Court) We have also considered the Assessment Order. It is true that between 20/05/2021 and 25/05/202 1 there was a lockdown in Mumbai and 22/05/2021 and 23/05/2021 were holidays. Therefore, even with a superhuman effort, Petitioner would not have been able to file the huge number […]

HC imposes cost on AO for ‘gross abuse of process’

December 21, 2021 606 Views 0 comment Print

Milestone Brandcom Private Limited Vs National Faceless Assessment Centre (Bombay High Court) 1. This is another matter where Court’s precious judicial time is spent due to utter disregard for orders and remarkable ineptitude of the Assessing Officer. 2. Petitioner was served with a draft Assessment Order dated 06/05/2021 with a notice by which Petitioner was […]

HC deletes addition for alleged Bogus hawala purchases

December 21, 2021 789 Views 0 comment Print

Assessment order could not have been passed by the Assessing Officer without granting an opportunity to respondent to defend his position or cross-examine the two persons on whose affidavits, the Assessing Officer had relied upon to conclude that respondent had made certain purchases from those persons identified as Hawala Traders.

Estimation of profit at 10% of alleged bogus purchases justified: HC

December 21, 2021 1878 Views 0 comment Print

PCIT Vs JK Surface Coatings Pvt. Ltd. (Bombay High Court) The only issue that comes up for consideration is with respect to the extent of ad-hoc disallowance to be sustained with respect to bogus purchases. The AO has observed 100% of the purchase value to be added to the income of Assessee, the CIT(A) has […]

HC quashes Notice for Reopening of Assessment as reason for reopening not state that there was any failure on the part of petitioner

December 17, 2021 1749 Views 0 comment Print

Coca-Cola India Private Limited Vs DCIT (Bombay High Court) Revenue relied upon a Bombay HC judgment in Crompton Greaves Ltd. V/s. ACIT to submit that even if the reason for reopening does not specifically state that there was any failure on the part of petitioner to disclose fully and truly all material facts necessary for […]

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