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High Court

Writ Petition Before Bombay High Court Challenging Interest Imposed Under Section 30(4) of Maharashtra Value Added Tax Act, 2002 for Pre-Amendment Periods. Dispute Concerned Whether Dealer Liable for Interest for Years 2005-06 to 2007-08 Under Provision Effective from 1 July 2009.

29 Mar 2012

The petitioners, M/s. Taurus Auto Dealers Pvt. Ltd. and its director, filed a writ petition under Article 226 of the Constitution challenging an order...

High Court

High Court of Karnataka Allows Writ Petition in VAT Discount Deduction Case — Reassessment Order Set Aside Following Binding Precedent. The court held that discounts allowed to customers after sale via credit notes are deductible under Section 30 of the KVAT Act read with Rule 31 of the KVAT Rules, and the reassessment under Section 39(2) was barred by limitation.

16 Feb 2016

The petitioner, M/s Pratham Motors Private Limited, a dealer in cars, filed writ petitions under Articles 226 and 227 of the Constitution of India cha...

High Court

High Court of Judicature at Bombay Considers Assessee's Belated Challenge to Penalty Notice in Income Tax Appeal; Court Examines Whether 30-Year-Old Defect in Notice Under Section 271(1)(c) Can Vitiate Penalty Absent Prejudice. The court focused on the threshold test of factual prejudice and whether a technical plea not raised before lower forums can be urged in a Section 260A appeal.

11 Jan 2024

The appeal before the High Court of Judicature at Bombay arose under Section 260A of the Income-tax Act, 1961, challenging the order of the Income-tax...

High Court

Madras High Court Considers Tax Revision Against Tribunal Order Restoring Equal Addition and Penalty Under TNVAT Act, 2006. Taxpayer Argues Stock Variation Computed from Notional Trading Method Without Physical Verification Cannot Sustain Penalty Under Section 27(3)(c).

6 Jul 2026

The case involved a tax revision petition filed by M/s. Vista Garments, a registered dealer under the CGST Act, 2017, engaged in manufacturing hosiery...

High Court

High Court of Bombay at Nagpur Upholds Transfer of Income Tax Cases from Wardha to Jodhpur Under Section 127 of Income Tax Act, 1961 — Transfer Order Valid Despite Alleged Violation of Natural Justice as Assessees Were Given Opportunity of Hearing and Reasons Recorded.

6 May 2016

The judgment pertains to two writ petitions filed by assessees challenging the transfer of their income tax cases from Wardha, Maharashtra to Jodhpur,...

High Court

Bombay High Court Quashes Reassessment Order in MVAT Case Due to Limitation and Lack of Natural Justice. Inter-State Stock Transfer Not a Sale Under MVAT Act, 2002; Reassessment Beyond 4-Year Limitation Period Invalid.

29 Apr 2022

The petitioner, M/s. United Spirits Limited, a company engaged in the manufacture and sale of alcoholic beverages, filed a writ petition challenging a...

High Court

High Court of Karnataka Dismisses State's Revision Petitions in Asian Paints VAT Case — Input Tax Credit on Capital Goods Allowed Despite Non-Use in Manufacturing. Section 11(4) of KVAT Act, 2003 does not restrict ITC on capital goods used for generation of electricity for own consumption.

30 Apr 2014

The State of Karnataka filed multiple revision petitions under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) read with Section 9...

High Court

Bombay High Court Answers Sales Tax Reference in Favor of Dealer, Allowing Resale Deduction Under Section 8(2) of Bombay Sales Tax Act Despite Purchases from Exempted Dealers. Court Holds That Exemption Conditions in Entry 39(a) Schedule A Do Not Estop Purchasing Dealer from Claiming Independent Statutory Deduction.

28 Apr 2017

The matter arose from a sales tax assessment of a proprietary concern engaged in reselling footwears, who was not a manufacturer and held no trademark...

Supreme Court

Supreme Court Dismisses Revenue Appeal in Income Tax Limitation Case Under Section 144C. Nagarathna J. Holds That Section 144C Does Not Extend Limitation Under Section 153 of Income Tax Act, 1961.

1 Jan 1970

This separate opinion by Nagarathna J. arises from civil appeals filed by the Revenue against a common order of the Bombay High Court. The High Court ...

High Court

High Court of Karnataka Allows Income Tax Department's Appeal Against Acquittal in Section 276CC Case — Magistrate's Closure Order Set Aside for Non-Compliance with Mandatory Pre-Cognizance Notice Under Section 279(1) of Income Tax Act. The court held that the requirement of sanction under Section 279(1) is a condition precedent for taking cognizance, not for filing the complaint, and the Magistrate's closure order was premature.

19 Jul 2022

The Income Tax Department filed multiple criminal appeals against the order dated 03.04.2021 passed by the Magistrate of JMFC-III Court, Belagavi, rec...

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