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Bombay High Court Examines Challenge to Advance Ruling on India-UAE DTAA and Revocable Trust Taxation. Writ Petitions Concern Taxability of Income from Indian Investments by UAE-Owned Trust Under Sections 61 and 63 of Income-tax Act, 1961 and Article 24 of India-UAE Tax Treaty.

The matter before the Bombay High Court consisted of two writ petitions filed by Abu Dhabi Investment Authority (ADIA) and Equity Trust (Jersey) Limit...

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Supreme Court Upholds Revenue's Assessment Under Section 44D of Income-tax Act Despite Income Not Being Taxable at Time of Asset Transfer. Partners of Firm That Transferred Assets to Non-Resident Corporation Assessable on Corporation's Income as They Acquired Right to Enjoy Income by Means of Transfer.

The case arose from a dispute under the Indian Income-tax Act, 1922 concerning the assessment of partners of a firm that had transferred assets to a n...

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Bombay High Court Upholds Exemption Under Section 11 for Trust After Trust Deed Amendment Removes Dominant Control. Court Finds Predominant Object Charitable Despite Initial Rejection Based on Earlier Assessment Years.

The appeal arose from the refusal of the Income Tax Department to grant exemption under Section 11 of the Income Tax Act, 1961 to the respondent trust...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Reasonable Belief. Reassessment Based on Borrowed Satisfaction from Investigation Wing Without Independent Application of Mind by Assessing Officer is Invalid.

The Petitioner, Nirmal Bang Securities Pvt. Ltd., challenged a notice dated 30th March 2007 issued under Section 148 of the Income Tax Act, 1961 for r...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Reasonable Belief of Income Escaping Assessment. Reopening Beyond Four Years Without Fresh Material Constitutes Change of Opinion on Same Set of Facts.

The petitioner, Gateway Leasing Pvt. Ltd., a non-banking financial company registered under the Companies Act, 1956, filed a writ petition under Artic...

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Bombay High Court Upholds Constitutional Validity of Time Limit for Availing Input Tax Credit Under Section 16(4) of CGST Act. The court held that the time limit is mandatory and not directory, and retrospective amendments are valid.

The Bombay High Court, in a batch of writ petitions, addressed the constitutional validity and interpretation of Section 16(4) of the Central Goods an...