Income Tax Act | Gross Receipts Cannot Be Taxed As Income Without Deducting Expenses: Bombay High Court

The Bombay High Court has stayed the entire income tax demand raised against a state-funded educational trust, holding that the tax authorities erred in bringing gross receipts to tax without accounting for expenditure. A Division Bench of Justice B.P. Colabawalla and Justice Amit S. Jamsandekar, while allowing a writ petition filed by the assessee, Godavari Shikshan Prasarak...

GST Abolished Ad Tax, Doesn't Bar Municipal Licence Fees on Hoardings: Bombay High Court

The Bombay High Court recently held that the introduction of the Goods and Services Tax regime does not take away the power of municipal corporations in Maharshtra to levy licence fees on hoardings and sky-signs. The court clarified that GST abolished only advertisement tax and not regulatory charges imposed under municipal law. A division bench of Justice G S Kulkarni and Justice Advait...

Bombay High Court Orders Issuance Of Passport To 7-Yr-Old After Authorities' Denial Citing Father's 'Illegal Migrant' Status

The Bombay High Court on Thursday (December 11) came to the aide of a seven-year-old girl and ordered the authorities to issue an Indian Passport and also to declare her an 'Indian Citizen' under the Citizenship Act of 1955. A division bench of Justices Sarang Kotwal and Ashish Chavan was hearing a plea filed by one Xami Dha Tirakita Kaye, a seven year old girl, who petitioned the Goa bench...

Bombay High Court Quashes Maha Govt Order Appointing Administrator To Look After Management Of Shani Shingnapur Temple

The Bombay High Court bench at Aurangabad on Friday quashed and set aside the order of the Maharashtra Government by which it appointed an Administrator to look after the management of the Shani Shingnapur Temple in Ahmednagar (now changed to Ahilyanagar) and removing the erstwhile Management Committee elected under the Maharashtra Public Trust Act. A division bench of Justices Vibha...

Registration Of Vehicle By Subsequent Purchaser Cannot Be Cancelled Because Initial Registration Was Done With False Representation: Bombay HC

The Bombay High Court has held that where a vehicle has been purchased by an innocent subsequent buyer, and the buyer has fulfilled all statutory requirements, including payment of customs duty, interest, and fine imposed by the Settlement Commission, the vehicle's registration cannot be cancelled merely because the initial registration was obtained on the basis of forged documents. The...

Bombay High Court Temporarily Restrains Financial Companies From Infringing 'FEDEX' Trademark

The Bombay High Court has restrained Maharashtra-based FedEx Securities Pvt. Ltd. and its group companies from using the word “FEDEX” in their corporate names, holding that the term is globally and exclusively associated with Federal Express Corporation, the US logistics major. Justice R I Chagla passed the order on December 11, allowing Federal Express Corporation's plea for...

Bombay High Court Disposes Of Plea Seeking To Quash Observations Against Father Stan Swamy In Elgar Parishad - Bhima Koregaon Case

The Bombay High Court on Thursday disposed of a petition filed in December 2021 by the next of kin of Father Stan Swamy, who sought clearing the now deceased (Swamy's) name from the Elgar Parishad - Bhima Koregaon case. The plea was filed by Father Fraser Mascarenhas, the former principal of Xavier's College in Mumbai through senior advocate Mihir Desai, argued that the findings of the...

SARFAESI Sale Cannot Proceed If Sale Certificate Is Not Issued Before IBC Moratorium: Bombay High Court

The Bombay High Court on Wednesday held that a secured creditor cannot proceed with a SARFAESI sale once an interim moratorium under the Insolvency and Bankruptcy Code comes into force. It rulled that the Union Bank of India was not entitled to accept balance payments or issue a sale certificate after the personal insolvency process against the borrower had commenced. In an order passed...

Bombay High Court Sets Aside Award Ordering Sharekhan To Refund Rs 4.87 Lakh In Brokerage

The Bombay High Court has set aside an arbitral award that had directed Sharekhan Limited, a broking firm, to refund Rs 4.87 lakh in brokerage to its client Darshini Shah. The court held that the arbitral tribunal had irrationally treated the same 2007 contract between the parties as valid for permitting trades but invalid for charging brokerage and that such a conclusion was...

Bombay High Court Quashes Prosecution Against Chanda Kochhar, ICICI Bank Officials In Octroi Avoidance Case

The Bombay High Court has recently quashed the prosecution and 2009 summons issued by a Pune court to former ICICI Bank chief Chanda Kochhar and four senior officials in a case alleging octroi avoidance on imported gold coins. However, the case will proceed against the bank itselfA single bench of Justice Neela Gokhale observed that the complaint made by the Pune Municipal Corporation did...

Bombay High Court Bars Use Of 'COX 5000' Mark, Says '5000' Belongs To Haywards 5000 And Imposes ₹10 Lakh Cost

The Bombay High Court has permanently restrained Madhya Pradhesh-based Jagpin Breweries Limited, a manufacturer of mass-market beer brands, from using the mark “COX 5000” or any other beer mark containing the numeral “5000”. The court held that the numeral is the “dominant, essential, and memorable feature” of the famous strong beer brand “HAYWARDS 5000”, now owned by...

NSEL Scam: Bombay High Court Quashes Special Court's 'Mechanical' Summons To Amit Rathi

The Bombay High Court on Wednesday set aside summons issued in 2019 to Amit Rathi and Anand Rathi Commodities Ltd. in a criminal case stemming from the 2013 collapse of the National Spot Exchange Ltd. (NSEL).A single bench of Justice RN Laddha ruled that the Special MPID Court's order in the Economic Offences Wing (EOW) case was mechanical and failed to provide any sufficient reasons for it...