Bombay High Court
Atal Setu Is India's Premier Infrastructure Project, Cannot Be Risked Due To Stone Crushing & Blasting: Bombay High Court
The Bombay High Court recently said that the Mumbai Trans Harbour Sea Link alias Atal Setu is one of India's premier infrastructure projects undertaken after incurring expenditure of thousands of crores and thus it cannot be put to risk due to operations of stone crushing and blasting near the bridge.Single-judge Justice Sandeep Marne therefore, upheld the June 28, 2024 order passed by...
VSV Scheme Is Non-Tax Benefit Applicable Even To Medium Enterprise, Clarifies Bombay High Court
While granting benefit under the 'Vivad Se Vishwas I-Relief for MSMEs Scheme' (VSV Scheme) to the Assessee, even when it was re-classified as 'not an MSME', the Bombay High Court held that even though the Petitioner was re-classified as “not an MSME” for a period of three years from May 09, 2023, it was entitled to avail of all non-tax benefits available to a Medium...
Best Judgment Assessment Passed U/s 144 Without Giving Seven Day's Time To Taxpayer To Respond To SCN: Bombay HC Quashes Assessment
Finding that the AO has arbitrarily exercised jurisdiction by granting an extension of only two days to the Assessee in filing reply to the SCN, the Bombay High Court quashed the assessment and remanded the proceedings for passing fresh assessment order u/s 144 read with Section 144B. Tax assessment under Section 144 of the Income Tax Act allows Assessing Officers to assess tax...
Bombay High Court Issues Notice To BMC After Woman, Newborn Die In C-Section Delivery Done Using Mobile Torchlight
The Bombay High Court on Wednesday issued notice to the Brihanmumbai Municipal Corporation (BMC) while noting the "lack of basic facilities" in a maternity hospital in suburban Bhandup, wherein a woman and her just delivered child died due to the alleged negligence on part of the hospital authorities.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan took note of...
Bombay High Court Constitutes Special Bench To Review Effectiveness Of Maharashtra Slum Areas Act
The Bombay High Court on Tuesday issued a notification constituting a special bench to hear the suo motu Public Interest Litigation (PIL) petition for conducting a comprehensive audit of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act of 1971.The notification issued by HM Bhosale, Registrar Judicial (I), states that the Chief Justice of the High Court has constituted...
Merely Donating Eggs Or Sperm Does Not Make Donor A Biological Parent Of Child Born Through IVF: Bombay High Court
In a significant judgment, the Bombay High Court on Tuesday held that merely donating eggs or sperm by a person doesn't entitle them to claim any parental rights on the children born through the In vitro fertilization (IVF) treatment.Single-judge Justice Milind Jadhav pronounced the verdict while dismissing an argument of a woman, who "voluntarily" donated her oocyte (eggs) for her sister...
Contribution For Community Services By Employer Under MOU With Workers Union Is Business Expenditure : Bombay HC
The Bombay High Court recently held that contribution to public welfare fund, if connected with or related to carrying on assessee's business, or if it results in benefits to assessee's business, should be allowable deduction u/s 37. The High Court held so while deciding on the taxability of the contribution made by the employer/assessee (Tata Engineering & Locomotive) to its...
Bombay High Court Grants 3-Weeks Interim Protection To Refugee Family Facing 'Leave India' Notice, Allows Continuation Of Children's Studies
A few days after pulling up a Yemeni family for taking undue advantage of India's 'liberal attitude', the Bombay High Court on Monday granted three weeks protection to the 'refugee' family, which is facing 'Leave India Notice' for overstaying their visa for nearly a decade.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan granted protection to Khaled Gomaeai Mohammad...
"No Extra Business": Bombay High Court Pulls Up Indrani Mukherjea For Her "Extra Work List" For Travelling Abroad
The Bombay High Court on Monday pulled up Indrani Mukherjea, prime accused in the infamous Sheena Bora murder case for increasing her 'tasks' that she wanted to perform in Spain and the United Kingdom, so as to convince the court to permit her to travel abroad.Single-judge Justice Shyam Chandak noted that in her plea before a special court, Mukherjea had listed certain tasks or works, that...
Bombay High Court Weekly Roundup: 05 August – 11 August, 2024
Citations: 2024 LiveLaw (Bom) 400 To 2024 LiveLaw (Bom) 422Nominal IndexIndo Allied Protein Foods Pvt. Ltd. vs. The State Of Maharashtra Thr Food , Civil Supplies And Consumer Protection Dept, 2024 LiveLaw (Bom) 400Hemant Surgical Industries Ltd. Versus Union of India, 2024 LiveLaw (Bom) 401Naveed Abdul Saeed Mulla vs. State of Maharashtra & ors., 2024 LiveLaw (Bom) 402Federal Brands Ltd....
Reassessment Notices & Order Passed Contrary To Notified Mandatory Faceless Procedure U/s 151A Are Liable To Be Quashed: Bombay HC
While observing that the Scheme notified by the Central Government does not envisage exclusion of provisions of Section 148A as the procedure outlined within the said provisions are inextricably linked to Section 148, the Bombay High Court quashed the entire exercise undertaken by the Jurisdiction AO u/s 148A outside the faceless mechanism. Section 148A of the Income Tax Act states...
Article 21 Applies Irrespective Of Nature Of Crime, Accused Cannot Be Kept Behind Bars Indefinitely Without Progress In Trial: Bombay HC
The Nagpur bench of the Bombay High Court recently granted bail to a man booked in a rape case observing that Article 21 of the Constitution of India will apply irrespective of the nature of the crime.Single-judge Justice Urmila Joshi-Phalke in her order passed on August 6 noted that the accused was arrested on December 15, 2021, and was in custody since then.The judge further noted that...