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Search Results for "Income Tax recovery"

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High Court

High Court of Bombay at Goa Condones Delay in Tax Appeal Filed by Assessee Due to Lack of Notice and Ex-Parte ITAT Order; Litigant Should Not Suffer for Fault of Counsel, Delay of 40 Days Condoned Under Section 260A of Income Tax Act, 1961, on Payment of Costs.

23 Jun 2025

Two Miscellaneous Civil Applications were filed before the High Court of Bombay at Goa by Neelam Ajit Phatarpekar, an assessee, and as legal heir of l...

High Court

High Court of Karnataka Reserves Judgment in Writ Petition Against CIC Order Directing Disclosure of Husband's Income Tax Returns Under RTI Act. Petitioner Contended That Information Is Exempt Under Section 8(1)(e) of Right to Information Act, 2005, Being Held in Fiduciary Capacity by Income Tax Department.

21 Feb 2026

This writ petition was filed by the Income Tax Officer and Chief Public Information Officer (CPIO) of the Income Tax Department's Centralised Processi...

High Court

Bombay High Court Quashes Section 179 Order Against Director in Income Tax Recovery — Director Not in Charge During Relevant Period. Section 179(1) of Income Tax Act, 1961 requires that the person sought to be made liable must have been in charge of and responsible for the conduct of business of the company during the relevant period; mere directorship at the time of default is insufficient.

20 Feb 2023

The petitioner, Geeta P. Kamat, challenged an order dated 22 December 2017 passed by the Income Tax Officer under Section 179 of the Income Tax Act, 1...

High Court

Bombay High Court Quashes Attachment and Sale of Residential Bungalow in Income Tax Recovery Proceedings. Order Beyond Limitation Period Under Rule 68B(3) of Second Schedule and Non-Compliance with Proclamation Requirements Render Sale Invalid.

5 Jun 2017

The case involved a writ petition under Article 226 of the Constitution of India challenging the attachment and proposed sale of a residential bungalo...

High Court

Bombay High Court Quashes Section 179 Order Against Former Director for Tax Dues of Company — No Evidence of Neglect or Misfeasance. Director Who Resigned Before Relevant Assessment Year Cannot Be Held Liable for Company's Tax Default Under Section 179 of Income Tax Act, 1961.

27 Apr 2010

The petitioner, Dinesh T. Tailor, was appointed as an Additional director of Yazad Investment & Finance Private Limited on 2 January 1987. He signed a...

High Court

Bombay High Court Quashes Demand Against Mutual Fund Under Section 177(3) of Income Tax Act — Holds That Beneficiaries of Securitization Trust Are Not Liable for Trust's Tax Demand. Section 177(3) of Income Tax Act, 1961 does not impose joint and several liability on beneficiaries of a securitization trust for the trust's tax dues when the trust is assessed as a separate entity and the beneficiary holds only pass-through certificates.

6 Mar 2013

The petitioner, UTI Mutual Fund, is a registered mutual fund under SEBI regulations. It invested in a securitization trust called Indian Corporate Loa...

High Court

Bombay High Court Dismisses Revenue's Appeal in Euro Issue Expenditure Deduction Case — Expenditure Incurred for Raising Capital Abroad Held Deductible as Cost of Acquisition Under Section 48 of Income Tax Act, 1961. No Tax Deduction at Source Required Under Section 195 for Payments to Non-Residents for Services Rendered Outside India.

3 Jul 2014

The case involves an appeal by the Director of Income Tax (International Taxation) against the order of the Income Tax Appellate Tribunal (ITAT) dated...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. TDS provisions under Section 194H of Income Tax Act, 1961 not applicable to payments made by Vodafone to its distributors as the relationship was not that of principal-agent but principal-to-principal.

28 Jul 2016

The case involves appeals filed by the Commissioner of Income Tax (TDS) and the Deputy Commissioner of Income Tax (TDS) against M/s. Vodafone South Lt...

High Court

High Court of Karnataka Hears Challenge to FIR Against Income Tax Officials: Sections 138 and 293 Income Tax Act Protection Argued. Court Examines Whether Notice Under Section 91 Cr.P.C. Can Override Statutory Safeguards in Search and Seizure Cases.

25 Nov 2021

The writ petition was filed by income tax authorities under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C. seeking quashing of...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Venture Capital Fund — No Failure to Disclose Material Facts. Reopening Based on Mere Change of Opinion on Applicability of Section 10(23FB) Exemption is Invalid.

14 Jun 2013

The petitioner, DHFL Venture Capital Fund, is a trust registered as a venture capital fund under SEBI (Venture Capital Fund) Regulations, 1996. It fil...

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