High Court of Bombay

5,131 judgments

Year:

The Pr. Commissioner Of Income Tax (central) v. Balkrishnan Shanmugam Chettiar

28 Jun 2023 · K. R. Shriram; Firdosh; Phiroze Pooniwalla

The Bombay High Court adjourned the hearing of Income Tax Appeals filed by the Principal Commissioner of Income Tax against Balkrishnan Shanmugam Chettiar, with interim orders to continue.

tax other Procedural Income Tax Appeal Principal Commissioner of Income Tax Bombay High Court adjournment

Mohammad Noor Hasan Abdul Gafar Shaikh v. The State of Maharashtra

28 Jun 2023 · N.J. Jamadar

The Bombay High Court quashed the externment order against the petitioner for lack of adequate objective material supporting the requisite subjective satisfaction under Section 57(1)(a) of the Maharashtra Police Act, 1951.

criminal petition_allowed Significant externment order Maharashtra Police Act 1951 Section 57 subjective satisfaction

Ashwin Maganlal Savani v. Himadri Davda

27 Jun 2023 · Bharati Dangre

The Bombay High Court held that a clause in a Will nominating a third party to resolve heirs' grievances does not constitute a valid arbitration agreement, and dismissed the application for appointment of an arbitrator.

civil appeal_dismissed Significant arbitration agreement arbitrability testamentary succession Will and Testament

Kapstone Constructions Private Limited v. Assistant Commissioner of Income Tax – Central Circle 2(4)

27 Jun 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reopening of income tax assessment beyond four years requires proof of failure to disclose material facts and quashed the notice issued under section 148 for AY 2012-13 in absence of such failure.

tax petition_allowed Significant Income Tax Act 1961 Section 148 Section 147 proviso Reopening of assessment

Maharashtra State Power Generation Company Limited v. Assistant Commissioner of Income Tax

27 Jun 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reopening of income tax assessment beyond four years based on a mere change of opinion and retrospective disallowance of CSR expenditure is impermissible, quashing the reopening notice and related orders for AY 2013-14.

tax appeal_allowed Significant Income-tax Act, 1961 Section 148 Reopening of assessment Change of opinion

Prabhat Properties Private Limited v. Asst. Commissioner of Income Tax – Central Circle 8(4), Mumbai & Ors.

27 Jun 2023 · Dhiraj Singh Thakur; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court held that reopening of income tax assessment after four years is unjustified without tangible new material proving failure to disclose material facts, and quashed the reassessment notices issued against Prabhat Properties Private Limited.

tax appeal_allowed Significant reopening of assessment section 148 Income-tax Act failure to disclose material facts change of opinion

Hindoostan Mills Limited v. Deputy Commissioner of Income-tax

27 Jun 2023 · Dhiraj Singh Thakur; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court quashed the reassessment notice issued under section 148 of the Income Tax Act for AY 2014-15, holding that reopening based on a mere change of opinion without failure to disclose material facts is impermissible.

tax appeal_allowed Significant Income Tax Act 1961 Section 148 Section 147 proviso Reassessment notice

Sunlight Cable Industries v. The Commissioner of Customs NS II and 2 Ors.

27 Jun 2023 · G.S. Kulkarni; Jitendra Jain · (2023) 95 GST 177 (Delhi)

The Bombay High Court held that exporters are entitled to IGST refund on zero rated supplies where no higher duty drawback is claimed, directing refund with interest after quashing the denial by customs authorities.

tax petition_allowed Significant IGST refund zero rated supply duty drawback Section 16(3) IGST Act

Welcome Plywood Pvt. Ltd. v. Income-tax Officer

27 Jun 2023 · DHIRAJ SINGH THAKUR; KAMAL KHATA

The Bombay High Court held that reopening an income tax assessment after four years based on a mere change of opinion without new tangible material is invalid and quashed the reopening notice issued to the petitioner.

tax petition_allowed Significant Section 148 Income-tax Act reopening of assessment change of opinion reasonable belief

Oerlikon Balzers Coating India Private Limited v. Union of India

27 Jun 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court struck down the restriction limiting DTVSV-A benefits to appeals dismissed in limine, holding that pending Miscellaneous Applications constitute pending appeals eligible under the scheme and quashed the rejection of the petitioner's application.

tax petition_allowed Significant Direct Tax Vivad Se Vishwas Act, 2020 Miscellaneous Application Income Tax Act, 1961 appeal dismissed in limine

Nagesh Krishnaji Koyalkar v. Balaram Ashok Manjarekar & Ors.

27 Jun 2023 · Abhay Ahuja
Cites 1 · Cited by 0

The Bombay High Court dismissed the writ petition challenging the rejection of a decree on admission under Order XII Rule 6 CPC, holding that joint tenancy admissions do not entitle one heir alone to a decree without full trial.

civil petition_dismissed Significant Order XII Rule 6 CPC decree on admission tenancy rights joint tenancy

Dhirendra Bhupendra Sanghvi v. Assistant Commissioner of Income Tax Circle – 27(3), Mumbai

27 Jun 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that notices and reopening of income tax assessment issued in the name of a deceased assessee without notice to the legal heir are null and void, quashing such proceedings.

tax petition_allowed Significant Income Tax Act, 1961 Notice to deceased assessee Reopening of assessment Legal heir

Shrenik Kumar N. Baldota v. Deputy Commissioner of Income Tax Circle – 1(2)(1), Mumbai & Ors.

27 Jun 2023 · M. S. Sonak; Jitendra Jain · 2025:BHC-OS:868-DB

The Bombay High Court held that reassessment under Section 148 read with the first proviso to Section 147 cannot be initiated without a failure to disclose fully and truly all material facts, and quashed the reassessment notice issued on mere difference of opinion regarding the original assessment.

tax appeal_allowed Significant Section 148 Income Tax Act Section 147 Income Tax Act reassessment jurisdiction failure to disclose material facts

Indusind Bank Ltd. v. Income Tax Settlement Commission & Ors.

23 Jun 2023 · K.R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court held that interest on Government securities accrues only on specified due dates, set aside the Settlement Commission’s order taxing accrued but not due interest, and remanded the matter for fresh consideration with reasons.

tax appeal_allowed Significant Income Tax Act, 1961 Interest accrual Government securities Settlement Commission

Nutan Jaibharat Co-operative Housing Society Limited v. State of Maharashtra Legal Department

23 Jun 2023 · Milind N. Jadhav

The Bombay High Court set aside a Co-operative Court order restraining a housing society from finalizing redevelopment agreements, affirming the society's adherence to statutory procedures and democratic decision-making under the Maharashtra Co-operative Societies Act.

civil appeal_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 79A Section 91 redevelopment

Shahazada Alisagar Bhaisaheb Kalimuddin v. Joint Charity Commissioner, Greater Mumbai

23 Jun 2023 · Milind N. Jadhav

The High Court quashed a composite order under Section 41D of the Maharashtra Public Trusts Act for failure to serve and hear all trustees individually, mandating strict compliance with procedural safeguards before suspending or removing trustees.

administrative appeal_allowed Significant Maharashtra Public Trusts Act, 1950 Section 41D Charity Commissioner trustees

Suneel Dattatraya Mogre v. Prabhakar Baburao Thorat

23 Jun 2023 · ARIF S. DOCTOR

The Bombay High Court granted conditional leave to defend in a summary suit based on a dishonoured cheque, applying the presumption under Section 139 of the Negotiable Instruments Act but requiring the Defendant to deposit a substantial sum to proceed.

civil appeal_allowed Significant Negotiable Instruments Act Section 139 Dishonoured cheque Presumption of liability

P. G. Foils Ltd v. Director General (Special Safeguards)

23 Jun 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that safeguard duty cannot be collected without rules for assessment and collection, directed final assessment without interest, and upheld interim protections granted to the importer.

administrative appeal_allowed Significant Customs Tariff Act, 1975 Safeguard duty Assessment and collection Section 8C(6)

M/s. API Civilcon Private Limited v. Municipal Commissioner

22 Jun 2023 · Sunil B. Shukre; Jitendra Jain

The Bombay High Court held that defects cited in a tender were curable and ordered refund of the withheld 10% Earnest Money Deposit to the petitioner.

administrative appeal_allowed Significant Earnest Money Deposit Tender conditions Curable defect Non-curable defect

Jayendra Chandulal Thakkar v. State of Maharashtra

22 Jun 2023 · G. S. Kulkarni; Jitendra S. Jain

The Bombay High Court dismissed the petition challenging confiscation of undeclared foreign currency and penalty under the Customs Act, upholding concurrent findings of the Customs authorities and rejecting procedural and factual contentions.

criminal petition_dismissed Customs Act, 1962 foreign currency confiscation Section 102 Customs Act Article 227 Constitution