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Bombay High Court

ISKCON is a well-known trade mark & use by others of if it is Misuse: HC

June 26, 2020 1728 Views 0 comment Print

At the outset, it is important to note that the claim of the Plaintiff that ISKCON is a well-known trade mark is not disputed by the Defendant. It is clear that ISKCON is a coined trade mark of the Plaintiff, that is to say that the said term ISKCON did not exists prior to the Plaintiff’s adoption and use of the same.

Penalty cannot be levied for making a claim which may be erroneous or wrong

June 24, 2020 4821 Views 0 comment Print

The issue under consideration is whether the levy of penalty u/s.271(1)(c) of the Act is justified in law for for making a claim which may be erroneous or wrong ?

Education Cess & Higher Secondary Education Cess allowable as a Business Expenses

June 24, 2020 16968 Views 0 comment Print

The issue under consideration is whether the Education Cess and Higher and Secondary Education Cess is allowable as a business expenses?

Per-Day Allowance during employee stay abroad: Non-Taxable

June 23, 2020 2721 Views 0 comment Print

CIT Vs Information Architects (Bombay High Court) The amounts paid by the assessee to its employees towards overseas maintenance allowance. These amounts were paid towards expenses at the rate of IEP 50 per day per employee. Held that these amounts constitute only reimbursement for the expenses incurred by the employees at a particular amount per […]

Section 148 notice unsustainable as very basis of notice was invalid

June 23, 2020 1560 Views 0 comment Print

High Court states that if the Assessing Officer had no jurisdiction to initiate re- assessment proceeding, the mere fact that subsequent orders have been passed would not render the challenge to jurisdiction infructuous. If the very basis for re- opening assessment does not survive, orders on such re-opening would not survive too. Hence, considering the matter in its entirety HC are of the view that the impugned notice under Section 148 of the Act issued by AO cannot be sustained.

Section 68 -Accommodation entry- Bombay HC in PCIT vs Alag Securities Pvt Ltd

June 22, 2020 3729 Views 0 comment Print

Article on Section 68 with recent development in Case Laws in Bombay High Court in case of Pr. CIT vs Alag Securities Pvt Ltd. vide ITA No. 1512 of 2017 dated June 12, 2020 UNXEPLAINED CASH CREDITS, INVESTMENT, MONEY UNDER PROVISIONS OF INCOME TAX ACT, 1961 CASH CREDIT [SECTION 68]  define as where any sum is […]

50% school fees waiver PIL dismissed by HC as no School been made respondent

June 21, 2020 1803 Views 0 comment Print

Although relief has primarily been claimed against the schools, the management of not a single school has been impleaded as a respondent by the PIL petitioner. Obviously, granting the prayers of the PIL petition in the absence of the schools would amount to breach of principles of natural justice.

Accommodation entry Business- Entire deposits cannot be assessed as unexplained cash credits.

June 16, 2020 3588 Views 0 comment Print

In the present case, Assessee is engaged in the business of providing accommodation entries to entry seekers. During the assessement proceedings AO held that the identity of the parties involved in the transactions were not furnished as well as genuineness of the transactions relating to total cash deposits were not satisfactorily explained by the assessee.

No capital gain tax on land transfer to co-op society formed by flat purchasers

June 12, 2020 7512 Views 1 comment Print

Whether the AO is correct in considering that the capital gain will arise in the year when the land is transferred to the co-operative society formed by the flat purchasers and not when flats are sold?

Where ‘Shravan Kumars’ Gone – Bombay HC Laments on our Social System

June 5, 2020 888 Views 0 comment Print

Bombay High  Court in the case of  Mrs. Rajani B. Somkuwar Versus Ms.Sarita Somkuwar & Anr. passed an order on 19th June, 2020 while disposing  a writ petition filed by a 70-year-old mother against her daughter seeking her eviction from the flat they reside in alleging that she tortured her both mentally and physically.

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