Bombay High Court
ITAT Cannot Perpetuate Ex-Parte Order: Bombay High Court Orders Tribunal To Grant Opportunity Of Hearing To Assessee Before Proceeding On Merits
The Bombay High Court has disapproved of the Income Tax Appellate Tribunal dismissing the appeal against an ex-parte order passed against a former employee of Pfizer Healthcare without providing him an opportunity of hearing.Stating that ITAT cannot “perpetuate” the ex-parte order, a division bench of Justices GS Kulkarni and Advait M. Sethna directed the Tribunal to hear the employee...
Man Aquitted In 26/11 Mumbai Terror Attacks Case Moves Bombay High Court Seeking 'Right To Livelihood', Judge Recuses From Hearing Plea
One of the accused in the 26/11 Mumbai Terror Attack case - Fahim Arshad Mohammad Yusuf Ansari, who was acquitted from the case on May 6, 2010, has moved the Bombay High Court seeking a 'Police Clearance Certificate' so that he can engage in some employment to earn his livelihood. Ansari was shown to be arrested in the 26/11 attack case in December 2008 while he was already in custody in...
Can't Seek Defence Of Illiteracy To Perform Illegal Act: Bombay HC Rejects Man's Plea Seeking ₹5 Crore For Removal Of Illegal Structure
While observing that a person cannot be permitted to perform an illegal act in the garb of being "illiterate", the Bombay High Court on Tuesday (February 25) dismissed a man's plea who sought Rs 5 crore compensation from the Navi Mumbai Municipal Corporation (NMMC) for demolishing his "unauthorised" structure.A division bench of Justices Ajay Gadkari and Kamal Khata noted that the petitioner...
Skoda-Volkswagen Case : Bombay High Court Asks Customs Dept To Explain How Show Cause Notice Isn't Time-Barred
In Skoda Auto Volkswagen India's petition challenging a tax demand of USD 1.4 billion by Indian Customs authorities, the Bombay High Court today asked the Customs Authority to file an affidavit explaining why the September 2024 show-cause notice issued to the company is not barred by limitation. “…on the issue of limitation which is factual, please file a short affidavit setting out...
Discontinuing Contract Without Giving Reasons Arbitrary: Bombay HC Quashes MMRDA's Contract Termination Notice For Mumbai Metro Consultancy
The Bombay High Court has set aside a notice issued by the Mumbai Metropolitan Region Development Authority (MMRDA) that terminated a tender contract with Systra MVA Consulting (India) Pvt Ltd for the appointment of General Consultant for Mumbai Metro Line, ruling that the cancellation was arbitrary and unreasonable.The tender concerned the appointment of General Consultant for the purposes...
Change In Tax Rate In Future AYs Not Ground For Reassessment Without Fulfilling Jurisdictional Parameters U/S 148 Income Tax Act: Bombay HC
The Bombay High Court has made it clear that merely because the tax rate which is applicable on an assessee changes in future assessment years (AYs), is not a ground to initiate reassessment action against it for previous AYs, unless the 'jurisdictional parameters' of Section 148 of the Income Tax Act, 1961 are fulfilled.A division bench of Justices MS Sonak and Jitendra Jain thus quashed...
If A Man's Intention While Making Promise To Marry Is To Deceive A Girl Into Sexual Relations, Her Consent Gets Vitiated: Bombay High Court
When the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive her to convince her to engage in sexual relations, there is a 'misconception of fact' and the same 'vitiates' the girl's consent, the Bombay High Court held recently while upholding the rape conviction of a man, accused of raping a...
Prima Facie Unimpressed: Bombay HC On Volkswagen's Argument That Importing Parts Of Car Should Be Considered Import Of Individual Units
While hearing Skoda Auto Volkswagen India's petition challenging a tax demand of USD 1.4 billion by Indian Customs authorities, the Bombay High Court orally expressed that it was prima facie not satisfied with Volkswagen's argument that importing several parts of car should be considered as importing 'individual units' of the car rather than a 'Completely Knocked Down' (CKD) unit, which is...
Bombay High Court Weekly Round-Up: February 17 – February 23, 2025
2025 LiveLaw (Bom) 66 to 2025 LiveLaw (Bom) 71Nominal Index:Swanubhuti Jain vs State of Maharashtra, 2025 LiveLaw (Bom) 66Sagar Dnyaneshwar Shinde vs. Secretary Maharashtra State Commission And Ors , 2025 LiveLaw (Bom) 67Mirza Himayat Inayat Baig vs. State of Maharashtra, 2025 LiveLaw (Bom) 68Vijay Chand Dubey vs State of Maharashtra and Anr, 2025 LiveLaw (Bom) 69The Board of Control for...
Bombay High Court Quashes FIR Against Foreign Company Booked For Unauthorisedly Broadcasting Bigg Boss, IPL 2023, Other Colors TV Shows
The Bombay High Court recently quashed a First Information Report (FIR) lodged against a Netherlands-based gaming company accused of unauthorisedly broadcasting various popular shows of Viacom 18 group such as 'Bigg Boss' 'Nagging' 'Asur' 'IPL 2023' etc, on various regional Over The Top (OTT) platforms. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the company...
ITAT Cannot Overstep Its Authority By Deciding On Merits When It Had Already Concluded Appeal Was Not Maintainable: Bombay High Court
The Bombay High Court stated that ITAT cannot overstep its authority by deciding on merits when it has already concluded an appeal was not maintainable. The Division Bench of Justices M.S. Sonak and Jitendra Jain observed that “Once the ITAT concluded that the Appeal before it against the impugned communication/order was not “maintainable”, there was no question of...
14 Y/O Girl Had 'Sufficient Knowledge & Capacity' To Understand Her Actions: Bombay HC Grants Bail To POCSO Accused
The Bombay High Court on Monday granted bail to a 24-year-old man booked for raping a 14-year-old minor girl, noting that the victim had 'sufficient knowledge' and 'capacity' to know the 'full import of her actions' as she 'voluntarily' stayed with the accused for 4 days. In its 10-page order, a bench of Justice Milind Jadhav considered the statements of the victim wherein she said...