Bombay High Court

TDS Credit has to be given despite TDS Certificate entry is not displayed in Form 26AS

CLR Editorial Note: In this case or TDS credit, the assessee claimed credit for TDS which was denied by the Assessing Officer on the ground that the claim did not match the entries shown in Form No. 26AS and that there was a discrepancy. On appeal by the assessee, the CIT(A) held that the assessee… Read More

Tags: Bombay High CourtCommonwealth Law ReportsDelhi High CourtIncome taxIndiaOrder of AustraliaTaxTax Deducted at SourceTDS

Constitution Of The Bombay High Court™s Tax Bench w.e.f. 10.06.2013

The Constitution of the Tax Bench in the Bombay High Court w.e.f. 10.06.2013 has been announced. The following is the Constitution: 1. THE HON™BLE CHIEF JUSTICE AND THE HON™BLE SHRI JUSTICE M.S. SANKLECHA (COURT ROOM NO. 52) MONDAY TO FRIDAY EXCEPT THURSDAY   For admission, final hearing and Interlocutory applications therein:- Original Side Civil Writ Petitions… Read More

Tags: ArbitrationBombay High CourtHonIncome taxLawMaharashtraThe HonourableWrit Petition

ITAT Special Bench Explains Important Law On Force Of Attraction

CLR Editorial Notes: The assessee, in this particular case is a U.K. partnership firm of Solicitors, which provides legal consultancy services in connection with different projects in India. The assessee claimed in its assessment, that the taxability of the income had to be processed under Article 15 (independent professional services) which forms part of the… Read More

Tags: Bombay High CourtClifford ChanceDouble taxationHigh CourtIndiaLinklaterMumbaiSupreme Court

CLR Snippets | Additional Judges Appointed to the High Court of Bombay

In exercise of the powers conferred by Clause (1) of Article 224 of the Constitution of India, the President has appointed (i) Shri Pradeep Narhari Deshmukh, (ii) Shri Ashok Iqbal Singh Cheema and (iii) Shri Sunil Balkrishna Shukre as Additional Judges of the High Court of Bombay, in that order of seniority, for a period… Read More

Tags: Bombay High CourtConstitution of IndiaCorporate lawIndiaLawLegal InformationMumbai

Settlement Commission has no jurisdiction to grant immunity or waiver from the statutory liability to pay interest

Ratio of the Case: With effect from 1 June 2007 an amended provision was brought into force by which the Settlement Commission cannot any longer grant a waiver or immunity from the liability to pay interest. CLR Editorial Notes: The Petitioner is this case had challenged an order of the Settlement Commission under section 127 C (5) of… Read More

Tags: Bombay High CourtCustoms ActDominion of IndiaIndiaMadhya PradeshPetitionerSupreme Court

Customs – Search proceedings quashed by High Court as “reason to believe” absent

2013 (4) TMI 87 - BOMBAY HIGH COURT Other Citation: 2012 (286) E.L.T. 343 (Bom.) SAMADHAN STEEL TRADERS Versus UNION OF INDIA No. - Writ Petition No. 6043 of 2011 Dated - 14 August 2012 Reason for initiating search proceedings - Department conducted a search proceedings u/s 105 of Customs Act on a legal opinion… Read More

Tags: Assistant directorBombay High CourtDirector-generalDominion of IndiaGovernmentHM Customs and ExciseIncome taxIndiaIntelligence officerPetitionerSouthern Poverty Law CenterSupreme Court

Resignation of Director™ – A Controversy

Himanshu Setia, 3rd year student, Symbisois Law School, Noida (Constituent of Symbiosis International University, Pune) Email id- ( ˜Resignation of Director™ - A Controversy[1]  INTRODUCTION The Companies Act, 1956 (hereinafter referred to as ˜Act™) does not contain any provision relating to resignation of director. The word ˜resignation™ means ˜relinquishment of ones right™. As such there… Read More

Tags: Allen StanfordArticles of AssociationArtsBoard of directorsBombay High CourtCompanies ActCompanies Act 1956Madras High CourtRegistrar of CompaniesReserve Bank of IndiaSecurities & Exchange Board of IndiaStock exchange

CESTAT trashes CBEC Recovery Circular

Lawyers & Consultants are in mourning as their easy income is gone. Everyone who approached Courts was getting automatic stay against recovery notices sent by Department where stay applications in appeals were pending. First, Bombay High Court made it applicable to all, even if they did not approach Court. Now Bangalore CESTAT has done it.… Read More

Tags: Andhra PradeshAppealBangaloreBombay High CourtCustoms Excise and Service Tax Appellate TribunalIncome taxKarnatakaKeralaSouth IndiaTribunal

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