Sponsored
    Follow Us:

Bombay High Court

Office-bearers of statutory board cannot be removed merely by using the word public interest

March 13, 2022 726 Views 0 comment Print

Sanjay Vs The State of Maharashtra (Bombay High Court) In the present case, absolutely no reason is forthcoming, nor the respondents have come with case as to what was the cause for terminating the Part Time Chairmanship of the petitioner. The State Government can only exercise this power on the basis of any relevant and […]

Insufficient stamping is no bar against appointing an Arbitrator

March 13, 2022 1959 Views 0 comment Print

Pigments & Allieds Vs Carboline (India) Pvt. Ltd. (Bombay High Court) In the present case, on a fair reading of provisions of the Maharashtra Stamp Act, as applicable in Maharashtra, it is evident under definition 2(d) that the agreement in question was required to be stamped when it was first executed. The agreement was first […]

Court should not interfere at pre-appointment stage of Arbitration for Insufficiency of Stamp Duty

March 9, 2022 1398 Views 0 comment Print

Vivek Mehta Vs KaRRs Designs & Developments (Bombay High Court) In the present case, the MOU is executed on stamp paper of Rs.100/-. Thus, there is no question of the document being “unstamped”. It is at best insufficiently stamped and if a document is insufficiently stamped, then we have to consider the effect of the […]

TDS on commission forming part of Salary deductible at the time of payment

March 6, 2022 8541 Views 0 comment Print

PCIT Vs Indofil Industries Limited (Bombay High Court) The issue herein is regarding disallowance under Section 40(a) (ia) of the said Act for amount of Rs.1,08,00,000/-. The Assessing Officer had noted that Respondent had made a provision for commission for the Chairman and the Managing Director (CMD) of the Company for Rs.1,08,00,000/- at the year […]

HC directs RBI to replace Demonetized Currency with Valid Notes which were in Police Custody

March 4, 2022 2061 Views 0 comment Print

Kishor Ramesh Sohoni Vs Union of India & Ors (Bombay High Court) Petitioner asks is for a direction to the RBI to replace the old currency notes since they were all along in custody of the police with valid current tender. HC exercises its equitable discretionary jurisdiction under Article 226 of the Constitution of India […]

Payment to non-resident, towards charter hire of tugs and barges, in execution of contract is assessable u/s 44BB

March 4, 2022 1557 Views 0 comment Print

Larsen & Toubro Limited Vs Girish Dave, Director Of Income-Tax (International Taxation) (Bombay high court) Facts- The petitioner/assessee is a public limited company and an engineering conglomerate and carries out varied business activities through independent divisions. The petitioner had entered into a contract with the ONGC, whereunder the petitioner was awarded the contract for survey […]

Bombay HC directs GST Department to issue Norms for Issuance of Summons during Investigations

March 3, 2022 4557 Views 0 comment Print

Shalaka Infra-Tech India Pvt. Ltd. Vs Union of India (Bombay High Court) The Division Bench of Justice R D Dhanuka and Justice S M Modak of the Bombay High Court has expressed its concern over the allegations made by several assessees in various petitions about the repeated summons issued by the GST authorities for the […]

Section 148 notice issued by non-jurisdictional Assessing Officer was without jurisdiction

March 3, 2022 6735 Views 0 comment Print

It was held that there cannot be situation where two Assessing Officer would have simultaneous jurisdiction over the assessee. Accordingly, it was held that the Tribunal had rightly held that the issuance of notice under Section 148 (1) of the said Act by the non-jurisdictional Assessing Officer was without jurisdiction.

HC quashed assessment order passed in violation of Section 144C scheme

March 3, 2022 1269 Views 0 comment Print

Hactom Agro Pvt Ltd. Vs National E Assessment Centre & ors (Bombay High Court) Hon’ble Bombay High Court quashed and set aside the assessment order passed in violation of the scheme under Section 144C of the Income Tax Act, 1961. The High Court observed that assessing officer exceeded the jurisdiction in passing the assessment order […]

Jurisdictional Condition Must Be Satisfied to Justify Notice for Reopening

March 2, 2022 1056 Views 0 comment Print

HDFC Bank Ltd. Vs ACIT (Bombay High Court) Bombay high court exposing serious flaw in reopening under section 148 in HDFC case (significance of tangible material for formulation of valid belief , fatal impact of difference  in the  reasons recorded on file and reasons placed for statutory  approval  under section 151 etc. “30. The position […]

Sponsored
Sponsored
Search Post by Date
February 2025
M T W T F S S
 12
3456789
10111213141516
17181920212223
2425262728