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

Delays due to Government’s administrative mechanism is not condonable

CLR Editorial Note: This case is related to an application preferred for condonation of delay of 1226 days in filing a Tax Appeal. The applicant submitted that, to file Tax Appeal before the Court the applicant had to undergo certain administrative procedures. Due to Government administrative mechanism, every work passes and comes back to source point, through a route system, hence… Read More

Tags: AppealCommonwealth Law ReportsFiling (legal)Finance MinisterHonIncome taxSupreme CourtThe Honourable

High Court rebukes ITD for harassing honest taxpayers and Non-grant of refunds

CLR Editorial Note: An extensive search was conducted at the premises of the assessee concerned with this case. During the search,  cash worth of Rs. 25 lakhs was seized. The assessee succeeded in the block assessments and the said amount of Rs. 25 lakhs became refundable to the assessee. However, the said amount was not… Read More

Tags: CITCommonwealth Law ReportsHonIncome taxSupreme CourtSupreme Court of the United StatesThe Honourable

Return scrutiny documents done by the IT department must be made public

CLR Editorial Note: The Petitioner in this case, was an advocate, who had filed an application with the CBDT under Section 6 of the Right to Information Act, 2005 thus seeking information pertaining to cases which were as such excluded from scrutiny, and where the disclosure was made during survey. He also sought information qua… Read More

Tags: Commonwealth Law ReportsDelhi High CourtFiling (legal)Fiscal yearHonIncome taxRight to Information ActThe Honourable

Industry not bound by the Trade Notes have a right to challenge the same

CLR Editorial Notes: This case refers to an appeal against a Tribunal's show cause notice, filed by an organization over entitlement to Deemed Credit as per Department Notification No.01/93 of Central Excise dated 28.02.1993 and Ministry's Order in TS/36/94-TRU dated 01.03.1994, even after the Appellant Unit crossed the value of clearances of Rs.75 lakhs.  The Manufacturing unit… Read More

Tags: AppealCase LawsCESTATChennaiCustoms Excise and Service Tax Appellate TribunalHonIndiaMinistryMumbaiThe Honourable

CBDT Directive Regarding Adjustment of Refunds Against Demand

DIRECTORATE OF INCOME TAX (SYSTEMS) ARA Centre, Ground floor, E-2, Jhandewalan Extension, New Delhi -110055. F.NO.DIT(S)-III/CPC/2012-13/Demand Management/ Dated21.03.2013 To, The Chief Commissioner of Income Tax (CCA) (By Name) Ahmedabad/ Bangalore/ Bhubaneswar/ Bhopal/ Chandigarh/ Chennai/ Guwahati/Hyderabad /Jaipur /Kanpur/ Kochi / Kolkata/Lucknow /Mumbai /Nagpur/ New Delhi /Patna/ Pune. Madam /sir, Subject: Directions of Hon'ble Delhi High Court… Read More

Tags: BangaloreChief Commissioner of Income TaxCPCDelhi High CourtHonIncome taxNew DelhiThe Honourable

Right to Strike as a Fundamental Right

INTRODUCTION Trade Unions with sufficient membership strength are able to bargain more effectively ¦ The bargaining strength would be considerably reduced if it is not permitted to demonstrate by adopting agitational methods such as ¦ 'sit-down strike', and 'strike'. This has been recognized by almost all democratic countries. As the statement of the Indian Supreme… Read More

Tags: Communist Party of IndiaHonILOIndiaIndian Supreme CourtInternational Labour OrganizationKarnatakaStateStrike actionSupreme CourtSupreme Court of IndiaTamil NaduTamil Nadu GovernmentTrade union

Balco Judgment

The Indian Judiciary has always been frowned upon by the foreign investors and foreign lawyers alike, for interfering and delaying the arbitral proceedings having its seat outside India (Foreign Arbitrations). Hitherto, the Indian courts, based on the ratios laid down by the Hon™ble Supreme Court in Bhatia International[1] and Venture Global[2]have been passing orders under… Read More

Tags: ArbitrationArbitration awardConciliation ActForeign ArbitrationHonIndiaSupreme CourtThe Honourable

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