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High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in International Taxation Case — Transfer Pricing Adjustments Not Required for Non-Resident Entities Without PE in India. Settlement Commission has exclusive jurisdiction to determine tax liability of non-resident entities, and transfer pricing provisions under Chapter X of Income Tax Act, 1961 do not apply to non-residents without permanent establishment in India.

28 Feb 2014

The case involves a writ petition filed by the Director of Income Tax (International Taxation), Mumbai, challenging an order dated 31 January 2008 pas...

High Court

High Court of Karnataka Dismisses State's Revision Petitions in Luxury Tax Case — Hotels Not Liable for Tax on Complimentary Services. The court held that complimentary services provided to guests staying in hotels do not constitute 'luxury' under the Karnataka Tax on Luxuries Act, 1979, and cannot be included in the taxable turnover.

28 Aug 2013

The State of Karnataka, through the Commissioner of Commercial Taxes, filed revision petitions under Section 11-A of the Karnataka Tax on Luxuries Act...

High Court

High Court of Karnataka Allows Writ Petition Seeking Restoration of Khatha and Acceptance of Property Tax. Deletion of Khatha Without Notice Violates Natural Justice Under Section 108-A of Karnataka Municipal Corporations Act, 1976.

26 Oct 2016

The petitioner, Mr. Jai M. Patil, is the owner of Flat No.S-3, measuring 2000 sq. ft., situated on the second floor of 'Pratham Enclave' apartment in ...

High Court

High Court of Judicature at Bombay Refers Question of Law on Allowability of Expenditure under Section 40(a)(i) and Section 172 of Income Tax Act to Larger Bench. Disagreement with earlier Division Bench decision in CIT v. Orient (Goa) Pvt. Ltd. leads to referral on whether payer's non-resident status required for invoking proviso to Section 172.

5 Feb 2016

Background: The case concerns income tax appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income ...

High Court

Madras High Court Quashes Assessment Order for Violation of Natural Justice in Income Tax Reassessment. Failure to Provide Documents and Cross-Examination Renders Assessment Invalid Under Section 143(3) of Income Tax Act, 1961.

29 Jan 2025

The petitioner, M/s R.R. Infraa Construction, a partnership firm, challenged three orders passed by the Income Tax Department for the Assessment Year ...

High Court

Bombay High Court Dismisses Petitions Challenging Local Body Tax Classification. Classification of dealers based on turnover for LBT exemption is valid under Article 14 as it has a rational nexus with the object of the Maharashtra Municipal Corporation Act, 1949.

8 Jan 2016

The petitioners, M/s. Nagpur Distillers Private Limited and M/s. Vidarbha Distillers, are dealers within the meaning of Section 2(16A) of the Maharash...

High Court

Bombay High Court Allows Writ Petition of Charitable Trust Against Rejection of Condonation of Delay in Filing Form 9A Under Section 119(2)(b) of Income Tax Act, 1961. CBDT Circulars Must Be Liberally Construed to Grant Relief When Delay Is Due to Change in Procedure from Manual to Electronic Filing.

20 Dec 2024

The petitioner, Nav Chetna Charitable Trust, is a trust registered under Section 12A of the Income Tax Act, 1961, and runs educational institutions. F...

Supreme Court

Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

1 Jan 1970

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

Supreme Court

Supreme Court Dismisses Revenue's Appeal in Income Tax Case — Notice Under Section 143(2) Mandatory, Section 292BB Does Not Cure Complete Absence of Notice. The Court upheld the quashing of assessment proceedings where no notice under Section 143(2) of the Income Tax Act, 1961 was issued, despite the assessee's participation.

13 Aug 2019

The case involves an appeal by the Commissioner of Income Tax against the judgment of the Madhya Pradesh High Court which upheld the Income Tax Appell...

Supreme Court

Supreme Court Upholds Revenue in Income-tax Depreciation Dispute — Additional Depreciation Not Admissible When Assessee Accepted Special Formula Instead of Rule 33 Method. The Court Held That Allowance Under Section 10(2)(vi-a) of Income-tax Act, 1922 Requires Computation of World Profits Under the Second Method in Rule 33, Which Was Not Applied.

14 Mar 1969

The assessee, a non-resident shipping company with a local office in Calcutta, submitted returns for assessment years 1952-53 to 1956-57 disclosing ta...

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