Bombay High Court
Bombay High Court Allows IGST Refund On Zero Rated Supply Along With 7% Interest
The Bombay High Court has allowed the refund of IGST on zero-rated supply along with 7% interest.The bench of Justice G.S. Kulkarni and Justice Jitendra Jain has observed that the petitioner was entitled to a refund of the IGST paid on the exports in question, as it is certain that this is not a case where the petitioner is availing of any double benefit, that is, the IGST refund and a...
Priority Of The Secured Creditor Over Govt. Dues Under SARFAESI Act, 2002: Bombay High Court
The Bombay High Court held that priority belongs to the secured creditor in respect of the dues of the Central government, state government, or local authority under Section 26-E of the SARFAESI Act, 2002.The bench of Justice B. P. Colabawalla and Justice M.M. Sathaye has observed that the statute goes quite far, and it is not only revenues, taxes, cesses, and other rates payable to the...
Action Plan Formulated To Inspect Factories, Interview Workers: Maha Govt To Bombay HC In Suo Moto Plea On Exploitation Of Migrant Workers In Sugar Belt
The Maharashtra government told the Bombay High Court on Tuesday that the Labour Department has formulated an action plan for time-bound implementation of various labour laws for the ensuing sugar industries season of 2023-24.“The Labour Department has formulated an action plan for the time-bound implementation of various labour laws for the upcoming season of 2023...The Government...
Consideration Received By Colgate Palmolive Malaysia From It’s Indian Entity For Providing Access To SAP System Is Not Royalty, Not Taxable : Bombay High Court
The Bombay High Court has held that consideration received by assessee Colgate Palmolive's Malaysian arm from its Indian entity for providing access to System Analysis Program Development (SAP) system is not taxable as royalty.The bench of Justice K.R.Shriram and Justice Firdosh P. Pooniwalla has observed that the payment of USD 11,80,500 made by Colgate Palmolive (India) Limited (CPI) to...
Bombay High Court Issues Notice On PIL Challenging Decision To Form Committee To Monitor Inter-Faith Marriages
The Bombay High Court today sought State's response to a public interest litigation (PIL) challenging a Government Resolution (GR) issued by the Maharashtra government for the formation of an Interfaith Marriage-Family Coordination Committee.A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif S Doctor issued notice on the PIL and posted the matter on August 1,...
Income-Tax Dept. Cannot Ignore The Valid TRC Issued By The Govt.: Bombay High Court Allows DTAA-Benefits To Alibaba Singapore
The Bombay High Court has granted the benefit of the India-Singapore Double Tax Avoidance Agreement (DTAA) to the e-commerce platform Alibaba Singapore.The bench of Justice K.R. Shriram and Justice Firdosh P. Pooniwalla upheld the order of the ITAT that if the Revenue was so convinced that the assessee’s activity in India with various subscribers was carried out by Alibaba Hong Kong, then...
Makers Of Jaswant Singh Khalra Biopic Move Bombay High Court Against CBFC's Order For 21 Cuts
The Bombay High Court on Tuesday adjourned to July 14, a plea challenging the 21 cuts and modifications as pre-conditions by the Central Board of Film Certification (CBFC) while certifying the biopic on prominent human rights activist Jaswant Singh Khalra.Khalra was instrumental in exposing the Punjab police’s brutality in the aftermath of then prime minister Indira Gandhi’s assassination...
Chauffeur, Housekeeping, 6K For Telephone: Maharashtra Cabinet Decides Additional Allowances For Retired Bombay High Court Judges
The Maharashtra Government has decided to provide additional post-retiral allowances for all High Court judges in Maharashtra. This includes one domestic worker and one vehicle driver to a retired judge. Costs will be paid through the High Court for taking services on a contractual basis."Allowances of Rs.14,000 per month for office assistant and Rs.6,000 for telephone will be given to the...
Lawyer Fails To Wear His Coat, Bombay High Court Takes Exception And Refuses To Hear The Matter
The Bombay High Court on Monday took exception to a lawyer not wearing a jacket along with his band and gown, and simply adjourned the matter to another date. A division bench comprising Justices AS Gadkari and SG Dige adjourned the case by a week observing, "Advocate for the petitioner is not in the proper dress code. Stand over to 10th July 2023."According to lawyers present at the time of...
Bombay High Court Quashes Reassessment Proceedings Initiated To Tax 'Share Premium' Of Rs. 679.32 Crores
The Bombay High Court has quashed the reassessment proceedings initiated to recover the tax share premium of Rs. 679 crores.The bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has observed that the AO had only lagged the share premium amount of Rs.679.32 crores, which according to him was chargeable to tax that had escaped assessment, and did not question the amount of Rs.68...
Assessee Entitled To Claim Depreciation In Respect Of Assets On The Actual Cost Of Assets: Bombay High Court
The Bombay High Court has held that the assessee is entitled to claim depreciation in respect of any assets based on the actual cost of the assets.The bench of Justice K.R. Shriram and Justice M.M. Sathaye observed that the actual cost of the assets will be the actual cost that the assessee paid to the predecessor after revaluing the assets, and certainly, the assessee will be entitled to...
'Example Of Degrading Legal Profession' : Bombay High Court Castigates Lawyers For Misleading Court ; Refrains From Action After Apology
The Bombay High Court recently castigated two lawyers for misleading the court to secure bail for their client in an attempt to murder case. The court observed that increasingly lawyers were providing result-driven services putting their own careers at stake. Justice SG Mehare at the Aurangabad bench observed,“This is an example of degrading the legal profession. One can understand from...