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Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed.

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 19...

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Bombay High Court Dismisses Revision Applications by Partners of Unregistered Firm in Cheque Dishonour Case. Term 'Firm' in Section 141 of Negotiable Instruments Act, 1881 Includes Unregistered Firm, Allowing Prosecution of Partners for Vicarious Liability.

The case involved two criminal revision applications filed by Satheesan Kuttappan and Satyaseelan Kuttappan against P.P. Sudhakaran and the State of M...

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Bombay High Court Upholds Compensation Award in Workmen's Compensation Case — Insurer Liable Jointly and Severally with Employer for Employee's Injuries. Employer's Failure to Deposit Compensation Attracts Penalty Under Workmen's Compensation Act, 1923.

The case involves an appeal by National Insurance Co. Ltd. against a judgment of the learned Commissioner under Workmen's Compensation and Judge, Elev...

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Bombay High Court Quashes BPCL Circular Imposing Refill Ceiling Limits on LPG Distributors as Unilateral and Arbitrary. Distributorship Agreements Without Ceiling Limits Cannot Be Varied Unilaterally by Issuing Circulars.

The petitioners, seven LPG distributors of Bharat Petroleum Corporation Limited (BPCL), challenged a circular dated 4 January 2018 and a subsequent co...

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Bombay High Court Quashes Criminal Proceedings Against Partnership Firm in Cheque Dishonour Case Due to Lack of Vicarious Liability. Employee's Misappropriation of Cheque Without Firm's Knowledge Does Not Attract Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Guma Tech Marine Services, a registered partnership firm, filed a criminal writ petition under Article 226 of the Constitution of Indi...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Tribunal's Deletion of Rental Income Addition Upheld. Rental income from property held as stock-in-trade is assessable under 'Income from House Property' and not 'Business Income' as per Section 22 of the Income Tax Act, 1961.

The present appeal was filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the order dated 27.02.2015 passed by the Income T...