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Bombay High Court Allows Land Acquisition Compensation Enhancement Petitions Under National Highways Act — Held That Reference Court Must Consider Market Value Based on Sale Deeds and Potential of Land, Not Merely Government Rates. Claimants Entitled to Additional Amounts Under Land Acquisition Act.

The judgment concerns three writ petitions filed by legal heirs of deceased landowners whose agricultural lands were acquired for the construction of ...

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Madras High Court Allows Assessee's Appeal in Income Tax Penalty Case — Typographical Error in Return Does Not Attract Penalty Under Section 271(1)(c). Bonafide belief and full disclosure of transaction negate mens rea for concealment.

The appellant, Ms. Saritha Jain, an income tax assessee, sold her shares in M/s. Vision Health Services (P) Ltd., an Indian company, to M/s. Perot Sys...

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Madras High Court Allows Appeals of Shareholders in Capital Receipt Case — One Million Euros Received from Vedior NV Held Exempt as Capital Receipt. Compensation for Loss of Right of First Refusal and Non-Compete Agreement Treated as Capital Receipt Not Chargeable to Tax Under Income Tax Act, 1961.

The case involves two appeals by shareholders (K. Pandiarajan and R. Hemalatha) against the order of the Income Tax Appellate Tribunal (ITAT) which up...

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Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

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Bombay High Court Dismisses Revenue Appeal in Income Tax Case — Conditions Under Section 94(7) Are Cumulative. The court held that all three conditions in clauses (a), (b) and (c) of Section 94(7) of the Income Tax Act, 1961 must be satisfied for the loss to be ignored.

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITA...