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Bombay High Court Quashes Reopening Notice Under Section 148 of Income-tax Act, 1961 for Lack of Fresh Material — Prior Scrutiny Assessment Cannot Be Reopened on Same Issues Without New Tangible Material...

The petitioner, Maharashtra State Power Generation Company Limited, a company engaged in electricity generation for the State of Maharashtra, challenged a notice under Section 148 of the Income-tax Ac...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income-tax Act, 1961 for Lack of Fresh Material — Reopening Based on Same Material as Original Assessment is Invalid. Change of opinion cannot justify reassessment when the Assessing Officer had already examined the same information during scrutiny under section 143(3)....

The judgment concerns two writ petitions filed by Prabhat Properties Private Limited challenging notices under section 148 of the Income-tax Act, 1961 for the assessment years 2015-16 and 2016-17, alo...

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Bombay High Court Quashes Reassessment Notice Issued to Non-Existent Entity After Amalgamation. Notice under Section 148 of Income Tax Act, 1961 issued in name of amalgamated company held invalid as entity ceased to exist....

The petitioner, Bennett Coleman and Company Ltd., challenged a notice dated 31st March 2021 issued under section 148 of the Income Tax Act, 1961 for the assessment year 2016-17. The notice was address...

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Bombay High Court Quashes Reassessment Notice for TCS in Income Tax Case — Lack of Fresh Material and Change of Opinion. Reopening under Section 147 of Income Tax Act, 1961 invalid as reasons recorded were based on same material considered during original assessment, constituting mere change of opinion....

The petitioner, Tata Consultancy Services Ltd., challenged a notice dated 31st March 2021 issued under Section 148 of the Income Tax Act, 1961 seeking to reopen its assessment for the assessment year ...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Failure to Disclose Material Facts — Reassessment Initiated Beyond Four Years Invalid Without Proof of Non-Disclosure Under Section 147 Proviso of Income Tax Act, 1961...

The petitioner, Hindoostan Mills Limited, filed a writ petition under Article 226 of the Constitution challenging a notice dated 30th March 2021 issued under Section 148 of the Income Tax Act, 1961 fo...

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Bombay High Court Allows Petition Challenging Reassessment Notice Under Section 148 of Income-tax Act, 1961 for Lack of Independent Application of Mind. Reopening Based on Borrowed Satisfaction from Investigation Wing Without Fresh Material Held Invalid....

The petitioner, Welcome Plywood Pvt. Ltd., challenged a notice under Section 148 of the Income-tax Act, 1961 dated 13 March 2015 proposing to reassess income for Assessment Year 2009-10, and the order...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material — Prior Assessment Order Set Aside by ITAT Cannot Form Basis for Reopening. Reassessment Notice Based on Same Material Already Adjudicated and Set Aside by Appellate Authorities is Invalid Under Section 148 of Income Tax Act, 1961....

The petitioner, a registered cooperative credit society formed by licensees of a municipal market, was assessable as an Association of Persons. However, due to a mistake at the time of formation, it w...

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Bombay High Court Allows Writ Petition Against Unlawful Adjustment of Income Tax Refund Without Prior Intimation Under Section 245 of the Income Tax Act, 1961. The court held that adjustment of refund without prior intimation is illegal and directed refund with interest....

The petitioner, Bharat Petroleum Corporation Limited, a public sector undertaking, filed a writ petition under Article 226 of the Constitution before the Bombay High Court. The grievance was that the ...

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Bombay High Court Allows Appointment of Sole Arbitrator in Will Dispute Between Surviving Heirs. Arbitration clause in last Will and testament of deceased father invoked for disputes over locker jewellery allegedly removed by respondent....

The applicant, Ashwin Maganlal Savani, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a Sole Arbitrator to resolve disputes with the respon...