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 Court, Commonwealth Law Reports, Delhi High Court, Income tax, India, Order of Australia, Tax, Tax Deducted at Source, TDS
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: Arbitration, Bombay High Court, Hon, Income tax, Law, Maharashtra, The Honourable, Writ 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 Court, Clifford Chance, Double taxation, High Court, India, Linklater, Mumbai, Supreme 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 Court, Constitution of India, Corporate law, India, Law, Legal Information, Mumbai
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 Court, Customs Act, Dominion of India, India, Madhya Pradesh, Petitioner, Supreme 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 director, Bombay High Court, Director-general, Dominion of India, Government, HM Customs and Excise, Income tax, India, Intelligence officer, Petitioner, Southern Poverty Law Center, Supreme Court
Resignation of Director™ – A Controversy
Himanshu Setia, 3rd year student, Symbisois Law School, Noida (Constituent of Symbiosis International University, Pune) Email id- (himanshusetiaO125@rediffmail.com) ˜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 Stanford, Articles of Association, Arts, Board of directors, Bombay High Court, Companies Act, Companies Act 1956, Madras High Court, Registrar of Companies, Reserve Bank of India, Securities & Exchange Board of India, Stock 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 Pradesh, Appeal, Bangalore, Bombay High Court, Customs Excise and Service Tax Appellate Tribunal, Income tax, Karnataka, Kerala, South India, Tribunal