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Search Results for "ITAT order"

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High Court

High Court of Karnataka Quashes ITAT's Rectification Order in Income Tax Case — Tribunal Exceeded Jurisdiction Under Section 254(2) by Reviewing Its Own Decision. Mistake Apparent from Record Must Be Obvious and Not Require Re-appreciation of Evidence.

23 Sep 2023

The petitioner, M/s. I.G. Petrochemicals Ltd., an assessee under the Income Tax Act, 1961, filed a writ petition challenging the order dated 05.09.202...

High Court

Bombay High Court Allows Writ Petition in Income Tax Dispute — Direct Tax Vivad Se Viswas Act, 2020 Applicability. Court holds that a Miscellaneous Application under Section 254(2) of the Income Tax Act, 1961 filed against an appeal dismissed in limine is covered under the DTVSV Act, 2020.

27 Jun 2023

The petitioner, Oerlikon Balzers Coating India Private Limited, filed a Writ Petition under Article 226 of the Constitution challenging the rejection ...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income-tax Act, 1961 for Lack of Fresh Material. Reopening Based on Mere Change of Opinion on Capital Gains Computation is Invalid.

4 May 2023

The petitioners, A&J Associates (a partnership firm) and its partner Ajay Dilkhush Sarupria, challenged a notice under Section 148 of the Income-tax A...

High Court

High Court Dismisses Revenue's Appeal in Software Export Tax Exemption Case. ITAT's finding that assessee's software development services qualify as 'computer software' under Section 10B of Income Tax Act, 1961 upheld.

4 Feb 2021

The present appeal was filed under Section 260-A of the Income Tax Act, 1961 by the Income Tax Department (appellants) against the order dated 19.01.2...

High Court

Bombay High Court Allows Assessee's Appeals Against ITAT Order Dismissing Appeals in Limine for Non-Prosecution. Tribunal Must Decide Appeals on Merits Under Rule 24 of Income Tax (Appellate Tribunal) Rules, 1963 When Assessee Absent.

24 Nov 2020

The appellant, M/s. Daryapur Shetkari Sahakari Ginning and Pressing Factory, a cooperative society, filed three appeals before the High Court of Judic...

High Court

Bombay High Court Dismisses Revenue Appeal for Lack of Territorial Jurisdiction in Income Tax Matter. Jurisdiction lies with High Court where Assessing Officer is located, not where ITAT Bench sits.

27 Oct 2020

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT), Panaji Bench, which had ru...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Case on Liquidated Damages Deduction. ITAT's deletion of disallowance of ₹6,96,00,000 as liquidated damages upheld as the expenditure was incurred in the relevant assessment year.

15 Apr 2019

The case involves four tax appeals filed by the Principal Commissioner of Income Tax, Goa, under Section 260-A of the Income Tax Act, 1961, against a ...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Deduction Case — ITAT Correct in Allowing Deduction Under Section 80IB on Gross Total Income Without Separate Disallowance Under Section 40(a)(ia). The Court held that deduction under Section 80IB(10) is to be computed on the gross total income of the eligible business, and disallowance under Section 40(a)(ia) cannot be made separately from the eligible business income.

11 Sep 2015

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) regarding the computation ...

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,...

High Court

Bombay High Court Dismisses Revenue Appeals in Income Tax Cases Involving Long-Term Capital Gains and Business Income Classification. Court upholds ITAT findings that gains from sale of agricultural land and shares were capital gains, not business income, under the Income Tax Act, 1961.

30 Nov -0001

The judgment involves a batch of income tax appeals filed by the Commissioner of Income Tax against various assessees, including Nitish Rameshchandra ...

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