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Search Results for "income tax appellate tribunal"

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Supreme Court

Supreme Court Allows Revenue Appeals in Section 80HHC Deduction Case — Supporting Manufacturer Not Entitled to Same Deductions as Direct Exporter. The Court held that the statutory scheme under Section 80HHC of the Income Tax Act, 1961 treats supporting manufacturers differently from direct exporters, and the provisos to sub-section (3) do not apply to supporting manufacturers.

27 Aug 2019

The case involves a batch of appeals by the Revenue against a judgment of the Punjab and Haryana High Court, which had dismissed the Revenue's appeals...

High Court

Bombay High Court Allows Appeal in MVAT Case: Agreement for Software Bug Fixing Held as Service Contract, Not Sale of Software. Services provided under agreement for removal of bugs/errors in software constitute repair and maintenance services, not development or customization, and are not taxable as sale of software under MVAT Act.

18 Dec 2023

The appellant, Atos India Private Limited, is engaged in providing services relating to repair and maintenance of software and holds Service Tax Regis...

High Court

Bombay High Court Considers Challenge to Maharashtra Excise Notifications Discriminating Against Imported Wines. Petitioner contends that the impugned notifications violate GATT national treatment principle and constitutional rights under Articles 14, 19(1)(g) and 253.

5 Jan 2010

The writ petition before the Bombay High Court involved a challenge by an importer of foreign wines, holding an FL-I licence, to several notifications...

High Court

Bombay High Court Dismisses Revenue's Appeal in Section 263 Revision Case — ITAT Order Setting Aside CIT's Revision Upheld. The court held that the Revenue failed to show any perversity or error of law in the ITAT's order setting aside the CIT's revision under Section 263 of the Income Tax Act, 1961, regarding deduction under Section 80IA(4).

25 Feb 2010

The appeal was filed by the Commissioner of Income Tax (Revenue) against an order of the Income Tax Appellate Tribunal (ITAT) dated 27th February 2009...

High Court

Bombay High Court Reduces Compensation in Motor Accident Claim Due to Deduction of Personal Expenses and Application of Multiplier. Tribunal's award modified by applying multiplier of 11 instead of 13 and deducting 1/3rd towards personal expenses of deceased.

19 Dec 2017

The case arises from a motor accident claim filed by the widow, minor son, and mother of the deceased, who died in a vehicular accident. The Motor Acc...

High Court

Bombay High Court Allows Revenue Appeal in Income Tax Case on Lease Rental Deduction for Idle Machinery. Business decision to keep dozers idle and pay lease rentals without use held not allowable as expenditure under Section 37(1) of Income Tax Act, 1961.

29 Sep 2010

The Revenue appealed against the order of the Income Tax Appellate Tribunal (ITAT) which had allowed the assessee's claim for deduction of lease renta...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Form-1 Under Direct Tax Vivad Se Vishwas Act, 2020 — CBDT Circular Cannot Override Statutory Provisions. The Court held that the statutory definition of 'pending appeal' under Section 2(1)(j) does not require the appeal to be pending as on 31.01.2020, and the CBDT circular cannot add such a condition.

1 Dec 2021

The petitioner, M/s. Om Shivam Buildcon Private Limited, filed a writ petition challenging the rejection of its declaration in Form-1 under the Direct...

High Court

Bombay High Court Allows Writ Petitions Against ITAT Order Dismissing Appeal for Non-Prosecution — Tribunal Must Decide on Merits When Assessee Appears and Seeks Adjournment. Dismissal for default violates principles of natural justice under Article 226 of Constitution of India and Section 254 of Income Tax Act, 1961.

18 Oct 2010

The petitioner, M/s. Jagjivandas Nandlal & Co., filed two writ petitions under Article 226 of the Constitution of India challenging orders of the Inco...

High Court

High Court of Karnataka Dismisses Revision Petition in VAT Case — Upholds Reassessment for Non-Production of Documents. Assessee failed to produce purchase bills and delivery notes despite multiple opportunities, leading to confirmation of tax demand under Section 39(1) of the Karnataka Value Added Tax Act, 2003.

30 May 2017

The case involves a Sales Tax Revision Petition filed by M/s. Sri Balaji Traders, a partnership firm, against the State of Karnataka. The assessee was...

High Court

Bombay High Court Allows Appeal in Part on Additional Barge Freight Liability and Depreciation on Leased Trucks in Income Tax Case. The Court held that liability for additional barge freight accrued in subsequent year despite mercantile accounting, and remanded issues of depreciation on leased trucks and Section 80HHC deduction for fresh consideration.

18 Oct 2013

The appeal arises from a decision of the Income Tax Appellate Tribunal (ITAT) dated 02.01.2006 for Assessment Year 1997-98. The assessee, Damodar Mang...

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