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Bombay High Court

Reopening of assessment merely based on change of opinion is unsustainable

October 6, 2023 1725 Views 0 comment Print

Bombay High Court held that re-opening of assessment under section 148 of the Income Tax Act, without indicating basis for having a reason to belief that income has escaped assessment, merely based on change of opinion is unsustainable in law and liable to be quashed.

Non-passing of draft assessment order u/s 144C(1) renders final assessment Jurisdictionless

October 5, 2023 6117 Views 0 comment Print

Bombay High Court held that failure to pass a draft assessment order under section 144C(1) of the Income Tax Act results in rendering the final assessment as one without jurisdiction.

DTVSV Benefit Rejection Over pending Non-Tax Arrears Prosecution Unjustified

October 5, 2023 1146 Views 0 comment Print

Bombay High Court held that rejection of benefit under Direct Tax Vivad Se Vishwas Act 2020 (DTVSV) unjustified as pendency of prosecution was in respect of any issue and not in respect of tax arrears.

Amendment to section 54F restricting investment in property to India is not retrospective

October 4, 2023 13413 Views 0 comment Print

Learn about the Bombay High Court’s ruling on the retrospective application of an amendment to Section 54F in the case of Hemant Dinkar Kandlur vs CIT

Bombay High Court’s Landmark Ruling on Trademark Use in Meta-Tags

October 4, 2023 8616 Views 0 comment Print

Discover groundbreaking People Interactive v. Gaurav Jerry case where Bombay High Court deems trademark use in meta-tags illegal, protecting brand integrity.

Bombay HC directs Intelligence Officer & DRI to reply in Customs Seizure Case

October 3, 2023 1218 Views 0 comment Print

Bombay High Court directs Senior Intelligence Officer and Directorate of Revenue Intelligence to respond in a custom seizure case involving valuable gold bars and coins.

Sharing of beneficial ownership for deemed dividend between spouses under guise of Portuguese Civil Code unjustified

October 2, 2023 1251 Views 0 comment Print

Bombay High Court held that the provisions of the Civil Code could not create any right in a spouse, who is not registered shareholder of the company, by operation of law, in relation to other shareholders of that company including her spouse. Accordingly, beneficial ownership held by one spouse cannot be taxed on the basis of 50% to each.

HC Orders Fresh VAT Assessment: ‘C’ & ‘F’ Forms Ignored; Directs Bank Account Release

September 29, 2023 1221 Views 0 comment Print

Read the full text of the judgment/order of the Bombay High Court in the case of Schindler India Pvt. Ltd. vs. State of Maharashtra concerning VAT assessment.

A Legal dispute unveiled: Intricacies of a Controversial Bank Guarantee: Bombay HC

September 28, 2023 2289 Views 0 comment Print

Explore intricate case of Putzmeister Concrete Pumps GmbH vs. Putzmeister India Pvt. Ltd. in Bombay High Court involving bank guarantees, joint ventures, and complex financial transactions

Once assessment order is passed Dispute Resolution Panel not empowered to give direction

September 28, 2023 3318 Views 0 comment Print

Bombay High Court held that Dispute Resolution Panel (DRP) could give directions only in pending assessment proceedings. Once assessment order is passed, DRP has not power to pass any direction.

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