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Bombay High Court

No fundamental right to import and quantitative restrictions can be imposed

August 28, 2019 2205 Views 0 comment Print

Chailbihari Trading Pvt Ltd. Vs Union of India (Bombay High Court) The Bombay High Court has held that there is no fundamental right to import poppy seeds and quantitative restrictions can be imposed as per the National Policy on Narcotic Drugs and Psychotropic Substances, controlled by the Narcotic Drugs & Psychotropic Substances Act, 1985 which […]

Income from Letting of Property is Business Income if same is business Object of Firm

August 23, 2019 3585 Views 0 comment Print

Pr. CIT Vs Shreeji Exhibitors (Bombay High Court) The impugned order of the Tribunal noted the fact that the assessee’s activity of letting out building premises is its business activity. This, the Tribunal observed it is clear from objects of the respondent as set out in its partnership deed viz. to deal with properties i.e. to […]

Delay in depositing tax under IDS, 2016 for personal reasons cannot be condoned

August 21, 2019 3405 Views 0 comment Print

Sadhana R. Jain Vs CBDT & Anr (Bombay High Court) Reading of the  CBDT Circular dt. 28-3-2017, it would clearly emerge that while providing for a limited window, in cases where payments were made through banking channels but the deposit was made by the bank in the Government revenue few days after 30-11-2016 to condone […]

Depreciation Vs. Actual cost: Government subsidy for setting up new industry

August 20, 2019 6630 Views 0 comment Print

Pr. CIT Vs M/s. Welspun Steel Ltd. (Bombay High Court) If Government subsidy was intended as an incentive to encourage entrepreneurs to move to backward areas and establish industries. In such a case, specified percentage of the fixed capital cost, which was the basis for determining the subsidy, would be granted. The Court held that, […]

Section 14A disallowance when Expenditure incurred against earning of exempted income disallowed voluntarily by Assessee

August 20, 2019 4125 Views 0 comment Print

Pr. CIT Vs M/s. Lee & Murihead Pvt Ltd (Bombay High Court) Sub-section (2) of section 14A of Income Tax Act, 1961  provides that Assessing Officer would determine the amount of expenditure incurred in relation to income which not forms part of total income if he is not satisfied with the correctness of claim of […]

Section 80IB deduction cannot be allowed if not claimed by assessee in return filed by him

August 20, 2019 2574 Views 0 comment Print

EBR Enterprises Vs Union of India (Bombay High Court) Sub Section (5) of Section 80A of the Act mandates is that, if the assessee fails to make a claim in his return of income for any deduction under the provisions specified therein, the same would not be granted to the assessee. This condition or restriction […]

Bogus Share Capital- Onus is on assessee to prove genuineness of transaction

August 19, 2019 840 Views 0 comment Print

M/s. Royal Rich Developers Pvt. Ltd. Vs Pr. CIT (Bombay High Court) The Assessing Officer recorded that there was no reason for high premium of Rs.30 per share being paid by the investors. The assessee company had carried out no business during the entire period, except for collection of share application money. The responding investors […]

Profit embedded in purchases covered by bogus bills only can be taxed

August 19, 2019 1032 Views 0 comment Print

Tribunal applied the principle of taxing the profit embedded in such purchases covered by the bogus bills, instead of disallowing the entire expenditure.

Curtailment of incentives under Package Scheme of Incentives due to introduction of GST

August 18, 2019 3822 Views 0 comment Print

The Respondents are directed to implement the Incentive Scheme as amended up-to-date with a discretion to modify the scheme so as to bring it in line with the new tax structure under the General Sales Tax scheme, but without reducing or restricting the benefits as conferred upon the Petitioner under the Incentive Scheme within a period of eight weeks from the date of receipt of this Judgment.

Section 80IA Value of electricity provided to sister concerns generated in assessee’s own captive plant

August 17, 2019 5280 Views 0 comment Print

CIT- LTU Vs M/s. Reliance Industries Ltd. (Bombay High Court) Assessee provided electricity generated by its captive power generating plant to its another units, then while computing deduction under section 80-IA of Income Tax Act, 1961, the value of electricity provided to another unit was to be at the rate for which electricity distribution companies […]

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