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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.

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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Bombay High Court Quashes Reassessment Notice in Income Tax Case — Lack of Reasonable Belief of Income Escaping Assessment. Reopening Based on Change of Opinion Without Fresh Material Held Invalid Under Section 147 of the Income Tax Act, 1961.

The petitioner, M/s. Bharat Bijlee Limited, challenged a notice dated 12.10.2012 issued under Section 148 of the Income Tax Act, 1961, and an order di...

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High Court of Karnataka Upholds Tribunal Order Directing Appointment of Teacher from Additional List — Selection Authority Cannot Deny Appointment Based on Non-Existent Waiting List After Candidates Selected from Additional List Are Entitled to Appointment

The petitioner, the Selection Authority and Secretary of the Karnataka High School Examination Board, challenged the order dated 09.03.2020 passed by ...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

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Bombay High Court Quashes Appropriate Authority's Purchase Order Under Section 269UD(1) Income Tax Act for Violation of Natural Justice. Failure to Supply Valuation Report and Sale Instances to Transferor and Transferee Before Passing Compulsory Purchase Order Invalidated Proceedings.

The writ petition challenged an order dated 28 April 1993 passed by the Appropriate Authority under Section 269UD(1) of the Income Tax Act, 1961, dire...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Failure to Disclose Material Facts. Reassessment after four years barred unless Revenue shows assessee failed to fully and truly disclose all material facts.

The petitioner, Bhavani Gems Private Limited, challenged a notice dated 30.03.2021 issued under section 148 of the Income Tax Act, 1961 for reopening ...

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Bombay High Court Remands Penalty Matter in Block Assessment Case for Lack of Considered Decision by ITAT. Penalty under Section 158BFA(2) of Income Tax Act, 1961 set aside without proper application of mind; non-payment of tax on block return was a relevant factor.

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) dated 4th April 2008, which...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Trust Registration Cancellation Case — Commissioner Lacked Jurisdiction Under Unamended Section 12AA(3). The amendment by Finance Act 2010 is prospective and does not apply retrospectively to cancellation orders passed before 1 June 2010.

The Petitioner, Sinhagad Technical Education Society, a trust registered under Section 12A of the Income Tax Act, 1961, was issued a notice under Sect...

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Supreme Court Allows Appeal in Bonus Calculation Dispute Involving Subsidiary Company. Service Fee Payment Under Technical Aid Agreement Held to Be Legitimate Expenditure, and Deduction of Bonus as Prior Charge Before Depreciation and Tax Ruled Improper Under Industrial Disputes Act, 1947.

The dispute arose out of a claim for bonus by the workmen of Crompton Parkinson (Works) Private Ltd., Bombay, which was initially a wholly-owned subsi...