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Search Results for "ITAT order"

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High Court

Bombay High Court Allows Deduction for Salary Arrears and Exgratia Bonus in Income Tax Appeal — Liability Under Palekar Award Accrued in Relevant Year. The Court held that provision for additional salary and wages arising from Justice Palekar Award and exgratia bonus paid over and above eligible bonus under Payment of Bonus Act are allowable as business expenditure under Section 37(1) of Income Tax Act, 1961.

8 Mar 2024

The appellant, Indian Express Newspapers (Bombay) Ltd., engaged in printing and publishing, filed an appeal against the order of the Income Tax Appell...

High Court

Bombay High Court Allows Revenue's Appeal in TDS Dispute — Storage Charges for Hiring Tanks Constitute Rent Under Section 194I. Payment for use of storage tanks for imported edible oil is 'rent' under Section 194I of the Income Tax Act, 1961, requiring TDS at 20%, not 2% under Section 194C.

23 Feb 2024

The case involves two appeals by the Commissioner of Income Tax (TDS) against a common order of the Income Tax Appellate Tribunal (ITAT) relating to t...

High Court

Bombay High Court Allows Appeal in Income Tax Case on Share Premium Utilization — Tribunal's Direction to Examine Section 78 of Companies Act, 1956 Set Aside as Beyond Scope of Income Tax Proceedings. The court held that the Assessing Officer cannot examine compliance with company law provisions in income tax proceedings, and the Tribunal's order was perverse.

9 Feb 2024

The appellant, Shendra Advisory Services Pvt. Ltd., was a joint venture between Indian promoters (Future Group) and a foreign company, Participatie Ma...

High Court

Bombay High Court Allows Deduction for Write-off of Debit Balances and Set-off of Unabsorbed Depreciation in Income Tax Appeal. The Court held that write-off of debit balances in sundry creditors and deposits is allowable as business loss, and unabsorbed depreciation can be set off against short term capital gains even after dissolution of the firm.

27 Sep 2023

The appellant, Bond Safety Belts (Dissolved), was a partnership firm that was dissolved with effect from 6th December 2014. The appeal was filed throu...

High Court

Bombay High Court Dismisses Revenue's Appeal in Section 14A Disallowance Case — Upholds ITAT's Finding of No Satisfaction Recorded by AO. The Court held that the Assessing Officer must record satisfaction regarding the correctness of the assessee's claim before invoking Rule 8D for disallowance under Section 14A of the Income Tax Act, 1961.

20 Feb 2023

The appeal was filed by the Revenue (Pr. Commissioner of Income Tax-14) against the order of the Income Tax Appellate Tribunal (ITAT) dated 5th April ...

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 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.

25 Jan 2016

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...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Due to No Substantial Question of Law. Consequential Assessment Order Becomes Non-Est After Section 263 Order is Quashed and Upheld.

17 Jul 2014

The Commissioner of Income Tax-II filed an appeal under section 260A of the Income Tax Act, 1961, challenging an order of the Income Tax Appellate Tri...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Block Assessment Case — Unexplained Investments Not Proven as Income. The court held that the Assessing Officer failed to establish that the cash credits and investments belonged to the assessee, and the ITAT correctly deleted the additions.

11 Apr 2014

The case involves appeals by the Revenue under Section 260A of the Income Tax Act, 1961, against the common order of the Income Tax Appellate Tribunal...

High Court

High Court of Bombay at Goa Allows Tax Appeal on Valuation of Work in Progress in Real Estate — Accounting Standard AS-7 Must Be Followed for Correct Profit Computation. Tribunal's Reliance on Precedent Without Notice Violates Natural Justice.

22 Jan 2013

The appellant, Kayji Real Estate Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed an appeal under the Income Tax Act, 1961, chal...

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