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Search Results for "revenue income"

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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 Allows Tax Appeal in Expenditure Tax Reassessment Case Due to Non-Compliance with Natural Justice Principles. Reassessment Order Set Aside for Failure to Furnish Reasons and Dispose Objections as Mandated by GKN Driveshaft.

30 Aug 2019

The appellant, Fomento Resorts & Hotels Ltd., filed a return under the Expenditure Tax Act, 1987 for assessment year 1997-98 showing nil chargeable ex...

High Court

Bombay High Court Dismisses Revenue's Appeal in Cooperative Sugar Factory Tax Case — Payments for Sugarcane Purchase Price Not Disallowable Under Section 40A(2). The Tribunal's finding that payments made by a cooperative society to its members/non-members for sugarcane purchase price in excess of State advised price were not excessive or unreasonable within Section 40A(2) and Section 37(1) of the Income Tax Act, 1961 was upheld.

21 Dec 2017

The case involves an appeal filed by the Commissioner of Income Tax (Revenue) against the order of the Income Tax Appellate Tribunal (ITAT) which had ...

High Court

Bombay High Court Quashes CERA Audit Notice for Lack of Statutory Basis. Audit of Private Company's Records for Pre-GST and GST Periods Without Invoking Specific Statutory Provision Held Without Jurisdiction.

29 Jan 2021

The petitioner, Kiran Gems Private Limited, a private limited company, filed a writ petition under Articles 226 and 227 of the Constitution of India b...

High Court

Bombay High Court Dismisses Revenue's Appeal in DEPB Licence Deduction Case — ITAT's Recall Order Under Section 254(2) Upheld as Within Jurisdiction. The court held that the ITAT's recall of its earlier order was justified as it had not considered a binding precedent and relevant statutory provisions, constituting a mistake apparent from the record under Section 254(2) of the Income Tax Act, 1961.

25 Feb 2010

The case involves an appeal by the Commissioner of Income Tax-9 against an order of the Income Tax Appellate Tribunal (ITAT) dated 15th January, 2007,...

Supreme Court

Supreme Court Remands Tax Appeal to ITAT for Fresh Adjudication Due to Erroneous Factual Findings. Revenue Expenditure Dispute Over Rs. 3.25 Crore Payment to Promoter Requires Re-examination by Tribunal.

22 Apr 2019

The Supreme Court heard an appeal by the Pr. Commissioner of Income Tax, Nagpur against the judgment of the Bombay High Court (Nagpur Bench) which had...

High Court

Bombay High Court Allows Revenue's Appeal in Part, Upholds Deduction Under Section 80HHE for Supply of Software Professionals Abroad. Supply of qualified manpower services to a person outside India constitutes rendering of technical services under Section 80HHE of the Income Tax Act, 1961.

9 Feb 2010

The case involves two appeals by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the orders of the Income Tax Appellate Tribun...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Capital Gains Tax Case — Transfer of Development Rights Not a Transfer Under Section 2(47) of Income Tax Act, 1961. The court held that a Joint Development Agreement does not constitute a transfer of the capital asset, and capital gains tax is not chargeable until the sale deed is executed.

19 Mar 2015

The case involves appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Trib...

Supreme Court

Supreme Court Remands Compensation Claim in Khoti Abolition Matter for Determination of Proprietary Rights. Holder of Khoti Tenure Must Establish Grant or Sanad to Overcome Presumption of Government Ownership Over Forest and Waste Lands Under Bombay Khoti Abolition Act, 1949.

15 Oct 1969

The dispute centered on the entitlement of the appellants, Shyamsunder Tikam Shet and another, to compensation under section 12 of the Bombay Khoti Ab...

High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Fresh Material — Notice Issued Beyond Four Years Without Allegation of Failure to Disclose Material Facts is Invalid Under Section 148 of the Income Tax Act, 1961.

4 May 2023

The petitioner, an individual assessee, filed her return of income for Assessment Year 2014-15 on 28 July 2014. The Assessing Officer completed the as...

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