Tag: bombay high court

Over 30 approvals u/s 153D granted within minutes amounted to total non-application of mind – Bombay High Court In a recent judgment, Bombay High Court upheld that over 30 approvals u/s 153D granted within minutes amounted to total non-application of mind and the so-called discussions between the official …

Reopening quashed as Form No. 10 have limited space to fill reasons of accumulation of income u/s 11(2) and resolution was provided. In a recent judgment, Bombay High Court has quashed reopening order holding that the contents of Form No. 10 have limited space to fill reasons of …

Prosecution u/s 276C(2) quashed as the assessee had though not paid due income tax along with return but later deposited it within a short period. In a recent judgment, Hon’ble Bombay High Court has quashed prosecution initiated u/s 276C(2) of the Income Tax Act, 1961 (the Act) as …

On omission/repeal of Rules 89(4B) and 96(10) of the CGST Rules, all pending proceedings were not preserved and will stand lapsed. In a recent judgment, Bombay High Court held that following the omission/repeal of Rules 89(4B) and 96(10) of the CGST Rules. in the absence of any saving …

Payments made to honorary doctors by the hospital were professional payments liable to TDS u/s 194J not under section 192 as salary. In a recent judgment, Bombay High Court held that payments made to honorary doctors by the hospital were professional payments liable to TDS u/s 194J and …

High Court allowed deduction u/s 80IA allowed on interest income from fixed deposits and on interest on TDS refund In a recent judgment, Hon’ble Bombay High Court directed the Assessing Officer to grant deduction under Section 80IA of the Income Tax Act, 1961 (the Act) to the assessee …

Vintage car held non personal effect of the assessee and sale thereof held liable to capital gain tax – High Court In a recent judgment, Bombay High Court has held that vintage car owned by the appellant assessee was not his personal effect and thus the gain arising …

Advance received by Managing Director / shareholder held deemed dividend u/s 2(22)(e) though repaid within two months. In a recent judgment Hon’ble Bombay High Court has upheld that business advance received by the Managing Director/shareholder of the company though repaid within two months constituted “deemed dividend” within the …

High Court allows capital gain exemption u/s 54(1) on purchase of seven row houses before the amendment brought w.e.f. 01.04.2015. In a recent judgment, Hon’ble Bombay High Court has held that the words ‘a residential house’ in unamended Section 54(1) of the Income Tax Act would not mean …

Appointments of advocates on Income Tax panel not equitable and without consideration of the issue of law involved visavis the experience of the Advocate – Bombay High Court Case Law : ITA No. 2287/2013  The Commissioner of Income Tax (Appellant) vs. M/s. TCL India Holdings Pvt.Ltd (Respondent) Date of Judgment: 12th July 2016 …