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Search Results for "ITAT orders"

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High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Registration Case — No Deemed Registration Under Section 12AA(2) of Income Tax Act, 1961. The court held that the absence of a deeming provision in Section 12AA(2) means that failure to decide an application within six months does not result in automatic deemed registration.

21 Oct 2024

The case involved an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) which had granted deemed re...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Payment to Non-Resident Employees Held as Salary, Not Business Income. Section 28(va) of Income Tax Act, 1961 does not apply to employment-related payments.

10 Jun 2020

The appeal was filed by the revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) dated...

High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Fresh Material. Reopening of Assessment Under Section 148 of Income Tax Act, 1961 Held Invalid When Income Was Already Subject of Block Assessment and Regular Assessment.

27 Nov 2019

The petitioners, Audhut Timblo and Anju Timblo, challenged a notice dated 18.10.2006 issued under Section 148 of the Income Tax Act, 1961 for the asse...

High Court

High Court of Karnataka Interprets Scope of Tribunal's Power Under Section 254 of Income Tax Act in Buy-Back Dividend Tax Case. The Court Re-Formulates the Question of Law to Determine Whether the Tribunal Can Direct Fresh Enquiry on Aspects Not Previously Investigated, Potentially Enhancing Tax Liability.

23 Jul 2018

The appeal arose from an order of the Income Tax Appellate Tribunal, Bangalore Bench, in relation to Assessment Year 2011-12. The appellant, an Indian...

High Court

High Court of Karnataka Allows Appeal in Income Tax Case — Deletion of Addition for Unexplained Cash Credit and Waiver of Interest Under Sections 234A and 234B of Income Tax Act, 1961. Assessee's Explanation of Gift from Husband Accepted as Satisfactory, No Justification for Levy of Interest.

5 Jul 2018

The appellant, G. Shubha Devi, filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Regional Rural Bank Entitled to Deduction Under Section 36(1)(viia) on Provision for Bad and Doubtful Debts. The court held that the provision for bad and doubtful debts made by the assessee-bank in accordance with RBI guidelines is allowable as a deduction under Section 36(1)(viia) of the Income Tax Act, 1961, and that the Assessing Officer cannot recompute the provision based on a different percentage.

14 Dec 2015

The case involves two appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging a common order dated 28.11.2013 passed ...

High Court

High Court of Karnataka Allows Appeal in Income Tax Case on Applicability of Section 40A(3) — Cash Payment for Property Purchase Not Disallowable as Business Expenditure. Section 40A(3) of Income Tax Act, 1961 applies only to revenue expenditure, not capital expenditure, and thus cash payment for purchase of property cannot be disallowed.

26 Jun 2015

The appellant, Smt. Saira Banu, filed an appeal under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribuna...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Penalty Case — Penalty Under Section 271(1)(c) Cannot Be Imposed When Assessment Appeal Is Pending on Substantial Questions of Law. The court held that when the assessment order is under challenge and the appeal has been admitted on substantial questions of law, the issue is debatable and penalty under Section 271(1)(c) of the Income Tax Act, 1961 cannot be imposed.

3 Mar 2015

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) which had di...

High Court

Bombay High Court Dismisses Revenue's Appeal in Euro Issue Expenditure Deduction Case — Expenditure Incurred for Raising Capital Abroad Held Deductible as Cost of Acquisition Under Section 48 of Income Tax Act, 1961. No Tax Deduction at Source Required Under Section 195 for Payments to Non-Residents for Services Rendered Outside India.

3 Jul 2014

The case involves an appeal by the Director of Income Tax (International Taxation) against the order of the Income Tax Appellate Tribunal (ITAT) dated...

High Court

Bombay High Court Allows Appeal in Income Tax Case — HDPE Powder Found During Search Held Part of Recorded Stock, Not Unexplained Investment Under Section 69. Goods recorded in books of accounts as purchases and closing stock cannot be treated as unexplained investment under Section 69 of Income Tax Act, 1961.

17 Jan 2005

The appellant-assessee, Babulal C. Borana, a dealer in HDPE plastic powder, filed an appeal under section 260A of the Income Tax Act, 1961 against the...

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