High Court of Bombay

3,981 judgments

Year:

Clear Media (India) Private Limited v. Deputy Commissioner of Income-tax

28 Feb 1994 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court held that reopening an income tax assessment without new tangible material, when the issue was considered in the original order, is invalid as it amounts to impermissible change of opinion.

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

Survival Technologies Pvt. Ltd. v. Union of India

28 Feb 1994 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court held that reopening of income tax assessment beyond four years is impermissible without tangible new material evidencing failure to disclose fully and truly all material facts, and set aside the reopening notice and order in absence of such material.

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

Tahnee Heights CHS Ltd. v. Income Tax Officer

28 Feb 1994 · Dhiraj Singh Thakur; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court quashed the reopening notice under Section 148 of the Income Tax Act for AY 2013-14, holding that reopening beyond four years requires specific failure to disclose material facts and cannot be based on mere change of opinion.

tax petition_allowed Significant Section 147 Income Tax Act reopening assessment failure to disclose material facts change of opinion

Konark Life Spaces v. Assistant Commissioner of Income-Tax

28 Feb 1994 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reopening an income tax assessment beyond four years without new material and based on mere change of opinion is invalid, quashing the reassessment notice issued to the petitioner.

tax petition_allowed Significant Section 147 Income Tax Act Section 148 Income Tax Act reopening of assessment change of opinion

Lehman Brothers Investments Pte. Ltd. v. Assistant Commissioner of Income Tax

28 Feb 1994 · Dhiraj Singh Thakur; Kamal Khata
Cites 4 · Cited by 0

The Bombay High Court held that reopening of income tax assessment under Section 148 requires new tangible material and cannot be based on mere change of opinion or retrospective amendments, and shares of private companies do not qualify as securities under Section 112(1)(c)(iii) for A.Y. 2015-16.

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

Jetair Pvt. Ltd. v. Deputy Commissioner of Income-tax

28 Feb 1994 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court quashed the reassessment notice under Section 148 of the Income Tax Act for lack of new tangible material and held that mere difference in commission rates with related parties does not justify reopening of assessment.

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

Tata Consultancy Services Ltd. v. Deputy Commissioner of Income-tax Circle-3(4), Mumbai

28 Feb 1994 · Dhiraj Singh Thakur; Kamal Khata
Cites 0 · Cited by 1

The Bombay High Court held that reopening of assessment after four years was invalid as the settlement amount was not a penalty and the petitioner had disclosed all material facts, thus quashing the reopening notice and related order.

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

Somnath Tukaram Kuber v. Meghraj Medeppa Kadadi

27 Jan 1994 · N. J. Jamadar

The High Court dismissed the writ petition upholding eviction on grounds of rent default, unauthorized structural changes, change of user, and nuisance, affirming that a respondent can challenge adverse findings without cross-objections when the decree is in their favour.

civil petition_dismissed Significant forfeiture of tenancy default in payment of rent unauthorized erection of permanent structure change of user

Sanjay Kumar Agarwal v. Union of India

29 Oct 1993 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 13

The Bombay High Court held that 'Castor Oil First Special Grade' is identical to 'Castor Oil Medicinal' for Cash Compensatory Support Scheme benefits despite a change in testing method, allowing the petitioners' refund claim for the disputed period.

administrative petition_allowed Significant Cash Compensatory Support Scheme Castor Oil Medicinal Castor Oil First Special Grade Thin-Layer Chromatographic Test

Ramchandra Sitaram Supanekar and Ors. v. Uttamrao Yashwant Khot and Ors.

07 Oct 1993 · Sandeep V. Marne

The Bombay High Court set aside the MRT's order upholding tenancy rights, holding that the claimant failed to prove tenancy over disputed land due to lack of evidence of rent payment, mutation, and proper cultivation.

property appeal_allowed Significant tenancy rights Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 70(b) land revenue mutation

Pilaji Sursinh Jadhavrao v. Regional Passport Office Pune

25 Aug 1993 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that passport reissuance cannot be granted during pending criminal proceedings without court permission, upholding statutory provisions and dismissing the writ petition.

constitutional petition_dismissed Significant passport reissuance pending criminal proceedings Section 6(2)(f) Passports Act G.S.R. 570(E) notification

Jai Jalaram Co-operative Housing Society Ltd. v. M/s Nanji Khimji & Co. & Ors.

17 Apr 1993 · Amit Borkar

The Bombay High Court allowed the writ petition directing grant of unilateral deemed conveyance under Section 11 of the MOFA Act, holding that the objector was estopped from denying the promoter's status and that title disputes can be agitated separately in Civil Court.

property appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 Section 11 deemed conveyance promoter's obligation unilateral deemed conveyance

Dr. Feroze Homi Duggan v. Bilkish Yunus Namakwala

04 Apr 1993 · Kamal Khata, J.
Cites 0 · Cited by 1

The Court revoked the fraudulent Letters of Administration granted to the Respondent based on a forged Will, affirming that no second grant can be made without revoking the earlier one and ordering inquiry into the fraud.

civil appeal_allowed Significant Letters of Administration Indian Succession Act, 1925 Probate Fraud on Court

Dr. Feroze Homi Duggan v. Bilkish Yunus Namakwala

04 Apr 1993 · Kamal Khata, J.
Cites 1 · Cited by 0

The Bombay High Court revoked fraudulent Letters of Administration obtained by the Respondent over the estate of Lady Jena Duggan, holding the grant a nullity due to fraud and affirming the Petitioners' locus to seek revocation.

civil petition_allowed Significant Letters of Administration Indian Succession Act, 1925 revocation of probate fraud on court

Vilas Damu Shinde v. Special Land Acquisition Officer

04 Dec 1992 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that acceptance of Section 4(1) notice by one co-owner on behalf of others validates land acquisition, dismissing the petitioners' challenge but directing payment of interest on compensation.

property petition_dismissed Significant Land Acquisition Act, 1894 Section 4(1) notice Co-ownership Authority to accept notice

Ali Mohd. Subrati Khan v. The State of Maharashtra

27 Aug 1992 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court upheld convictions for rape based on the credible sole testimony of the prosecutrix supported by medical and chemical evidence, affirming that absence of a test identification parade does not vitiate in-court identification.

criminal appeal_dismissed Significant rape sole testimony prosecutrix test identification parade

Usha Eswar v. Rajeshwari Menon & Ors.

29 Apr 1992 · K. R. Shriram; Firdosh P. Pooniwalla
Cites 1 · Cited by 0

The Bombay High Court held that an advance ruling by the Authority for Advance Ruling is binding on the applicant and revenue unless law or facts change, and quashed reassessment notices issued relying on a subsequent ruling in another case without such change.

tax petition_allowed Significant Advance Ruling Section 148 Income Tax Act Double Taxation Avoidance Agreement Binding nature of AAR ruling

Azizur Rehman Gulam Rasool v. M/s. Radio Restaurant

01 Apr 1992 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The Bombay High Court dismissed the appeal challenging the arbitral award on grounds of procedural and substantive infirmities, upholding the award and directing possession to be handed over to the partnership firm.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Section 37 Partnership Deed

Modi Business Centre Pvt. Ltd. v. DC (IT) Spl. Rg. 19, Bombay

18 Feb 1992 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court held that the appellant's business had commenced during AY 1992-93, allowing set-off of interest expenditure against interest income from lending borrowed funds, reversing the ITAT's order.

tax appeal_allowed Significant commencement of business interest expenditure interest income set off

Bank of Baroda v. Devshi Valji Kundadia

28 Sep 1991 · Sandeep V. Marne

The Bombay High Court upheld the industrial tribunal’s setting aside of a bank employee’s dismissal for misappropriation due to perverse enquiry findings and unreliable evidence, directing reinstatement with 60% backwages.

labor appeal_dismissed Significant domestic enquiry perversity misappropriation backwages