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Bombay High Court Dismisses Petition Challenging Transfer Order in ONGC — No Violation of Service Rules Found. Transfer order issued on administrative grounds upheld as petitioner failed to establish mala fides or breach of transfer policy.

The petitioner, Rajinder Paul Bharadwaj, was working as Manager (MM) in the Oil and Natural Gas Corporation Ltd. (ONGC) at Mumbai. He was transferred ...

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Bombay High Court Allows Hindustan Petroleum Corporation Ltd.'s Writ Petitions Against Property Tax Demands by NMMC. Court holds that property tax demands for petroleum storage tanks and pipelines are illegal and without authority of law under the Maharashtra Municipal Corporation Act, 1949.

The petitioner, Hindustan Petroleum Corporation Ltd., filed three writ petitions challenging property tax demands raised by the Navi Mumbai Municipal ...

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Madras High Court Dismisses Revenue's Appeal in Penalty Case for Wrongful DTAA Claim — No Concealment Found. Assessee's Bonafide Belief That India-China DTAA Applied to Hong Kong Based on Official Document Precludes Penalty Under Section 271(1)(c) of Income Tax Act, 1961.

The revenue appealed against the common order of the Income Tax Appellate Tribunal (ITAT) which set aside the levy of penalty under Section 271(1)(c) ...

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High Court Dismisses Manufacturer's Appeals in Central Excise Classification Dispute. Classification of Benzene and Toluene Based on Purity Under Central Excise Tariff Act, 1985 and Procedural Compliance Under Central Excise Rules, 1944 Were Upheld by Tribunal.

The appeals arose from a common order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) concerning classification and duty demands on...

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Bombay High Court Allows Writ Petitions Challenging Penalty Under Central Sales Tax Act for Alleged Misuse of Registration Certificate. Court Holds That Mere Issuance of C-Forms Without Actual Inter-State Movement Does Not Attract Penalty Under Section 10(d) of CST Act, 1956.

The petitioner, M/s. Brijda Roadlines Pvt. Ltd., a transport company engaged in the business of transportation and holding a dealership from Bharat Pe...

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Bombay High Court Allows Writ Petitions Challenging Penalty Under Central Sales Tax Act for Alleged Misuse of Declared Forms. Court holds that penalty under Section 10(d) read with Section 10A of the CST Act, 1956 cannot be imposed without establishing mens rea or conscious violation of law.

The petitioner, M/s. Brijda Roadlines Pvt. Ltd., a transport company engaged in the business of transporting goods and holding a dealership from Bhara...

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High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...

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High Court of Karnataka Allows Appeal in Income Tax Case — Disallows Reopening of Assessment Beyond Four Years Without Failure to Disclose Material Facts. Section 147 of Income Tax Act, 1961 Requires Full and True Disclosure for Reopening After Four Years.

The appellant, M/s. Safina Hotels Private Limited, filed its return of income for the assessment year 2001-02. The assessment was completed under Sect...

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Bombay High Court Allows Writ Petition Challenging Denial of Interest on Refund Under Section 214 of Income Tax Act, 1961 — Held That Interest Is Mandatory and Must Be Paid on Entire Refund Amount from Date of Payment of Advance Tax.

The petitioner, M/s. Godrej & Boyce Mfg. Co. Ltd., filed a writ petition challenging the order dated 14.6.1988 passed by the Commissioner of Income Ta...