Search Results for "allowable deduction"

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Search Results for "allowable deduction"

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Supreme Court

Supreme Court Allows Assessee Banks in Income Tax Act Section 14A Dispute Over Disallowance of Interest Expenditure. Court held that when assessee banks have sufficient interest-free own funds exceeding investments in tax-free bonds and shares, no proportionate disallowance of interest under Section 14A is permissible, as investments are presumed to be made from interest-free funds.

9 Sep 2021

The Supreme Court of India addressed a batch of civil appeals concerning the interpretation of Section 14A of the Income Tax Act, 1961, in the context...

Supreme Court

Supreme Court Allows Appeal and Remands Case to High Court for Deciding Vires of Section 40(a)(iib) of Income Tax Act. High Court Must Decide Constitutional Challenge on Merits Despite Pending Assessment Proceedings.

25 Nov 2020

The appellant, M/s Tamil Nadu State Marketing Corporation Ltd., filed a writ petition before the Madras High Court challenging the constitutional vali...

High Court

Bombay High Court Dismisses Revenue's Appeals in Income Tax Case — Provision for Incremental Arrears Under NCWA Held to be Known Liability. The Court upheld the ITAT's decision allowing deduction for provision made for incremental arrears and overloading charges paid to railways under the Income Tax Act, 1961.

13 Jan 2016

The case involves four income tax appeals filed by the Commissioner of Income Tax against Western Coalfields Ltd. The common questions were whether th...

High Court

Bombay High Court Dismisses Revenue's Appeal in Service Tax Disallowance Case Under Section 43B of Income Tax Act. Tribunal's deletion of disallowance upheld as service tax liability had not accrued since amount not received from clients.

17 Apr 2015

The present appeal was filed by the Revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITA...

High Court

Bombay High Court Quashes Reopening Notices Under Section 148 of Income Tax Act for Assessment Years 2005-06 to 2008-09 Due to Lack of Failure to Disclose Material Facts and Change of Opinion. Remuneration Paid to Directors Was Fully Disclosed and Examined During Original Assessment, So Reopening Invalid.

20 Feb 2013

The petitioner, M/s. OHM Stock Brokers Pvt. Ltd., a share and stock broker, challenged notices under Section 148 of the Income Tax Act, 1961 for reope...

High Court

Bombay High Court Allows Assessee's Reference on Depreciation Rates but Upholds Revenue's Disallowances on Travel Expenses, Medical Reimbursement, Motor Car Perquisite, and Rent as Capital Expenditure. The Court held that depreciation under Section 32 must be allowed at rates as amended from 2.4.1983, while affirming that employee travel expenses after destination are disallowable under Section 39 read with Rule 60, medical reimbursement is part of salary under Section 40(c), actual expenditure on motor cars for directors is to be considered, and rent of Rs.16,91,250/- is capital expenditure.

18 Sep 2012

This is a reference under Section 256(1) of the Income Tax Act, 1961, arising from the order of the Income Tax Appellate Tribunal in ITA No.5873/Bom/8...

High Court

Bombay High Court Dismisses Assessee's Reference in Income Tax Case on Weighted Deduction, Capital Expenditure, and Revenue Receipt. Interest on Export Packing Credit Not Eligible for Section 35B Deduction; Professional Fees for Cement Project Held Capital Expenditure; Settlement Amount from Swiss Company Treated as Revenue Receipt.

5 Sep 2012

This judgment by the Bombay High Court pertains to an Income Tax Reference under section 256(1) of the Income Tax Act, 1961, arising from an appeal by...

High Court

Bombay High Court Dismisses Revenue's Appeals in Cooperative Sugar Factory Tax Deduction Cases. Provision for Contribution to Research Institute Not Allowable Under Section 35(1) Without Actual Payment; Concessional Sugar Sale to Members Not Subject to Section 40A Addition.

10 Jul 2012

The case involves three tax appeals filed by the Commissioner of Income Tax against cooperative sugar factories. The common question of law was whethe...

High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Change of Opinion. Reopening of Assessment Under Section 148 of Income Tax Act, 1961 Based on Mere Change of Opinion Without New Material is Invalid.

9 Jul 2012

The petitioner, M/s. Rabo India Finance Limited, a non-banking financial company, challenged a notice dated 28.3.2011 issued under Section 148 of the ...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Depreciation on Goodwill Not a Valid Reason for Reassessment. The court held that reopening based on change of opinion is impermissible and that depreciation on goodwill is allowable under Section 32(1)(ii) of the Income Tax Act, 1961.

25 Jun 2012

The petitioner, Bedmutha Industries Ltd., challenged a notice dated 29 November 2010 issued under Section 148 of the Income Tax Act, 1961, seeking to ...

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