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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan — Defendant Raises Triable Issue Regarding Nature of Transaction as Payment for Machinery, Not Loan.

The plaintiff, Anjali Sales Corporation, filed a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 (CPC) seeking a decree fo...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Summary Suit for Recovery of Goods Sold and Delivered. Court holds that defendant's defense is sham and moonshine, lacking triable issues, and that the suit is maintainable under Order XXXVII CPC.

The plaintiff, Gini Tex Private Limited, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Summary Suit for Recovery of Goods Sold and Delivered. Court holds that defendant's unconditional leave to defend application is not maintainable as no triable issues raised.

The plaintiff, M/s. Gini Silk Mills Ltd, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Reasonable Belief of Income Escaping Assessment. Share Premium Reassessment Based on Intrinsic Valuation Without New Material Held Invalid Under Section 147 of the Income Tax Act, 1961.

The petitioner, SLS Energy Pvt. Ltd., challenged a notice dated 23 March 2015 issued under Section 148 of the Income Tax Act, 1961, for the assessment...

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Bombay High Court Quashes Reassessment Notice Issued to Non-Existent Entity After Amalgamation. Notice under Section 148 of Income Tax Act, 1961 issued in name of amalgamated company held invalid as entity ceased to exist.

The petitioner, Bennett Coleman and Company Ltd., challenged a notice dated 31st March 2021 issued under section 148 of the Income Tax Act, 1961 for t...

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Bombay High Court Quashes Reassessment Notice for TCS in Income Tax Case — Lack of Fresh Material and Change of Opinion. Reopening under Section 147 of Income Tax Act, 1961 invalid as reasons recorded were based on same material considered during original assessment, constituting mere change of opinion.

The petitioner, Tata Consultancy Services Ltd., challenged a notice dated 31st March 2021 issued under Section 148 of the Income Tax Act, 1961 seeking...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Reassessment based on same facts as original assessment without new tangible material is invalid.

The petitioner, Shashikiran Janardhan Shetty, challenged a notice under Section 148 of the Income Tax Act, 1961, dated 1 July 2014, seeking to reopen ...

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Bombay High Court Dismisses Revenue's Appeal in Bogus Purchase Case - Upholds ITAT's Estimation of Profit. Estimation of profit on bogus purchases at 12.5% upheld as reasonable; entire purchase amount cannot be added when purchases are not disputed as genuine.

The case involves two appeals filed by the Pr. Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, challenging the order of the...

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Bombay High Court Quashes Transfer of Assessment Under Section 127 of Income Tax Act for Violation of Natural Justice. Transfer order set aside as show cause notice did not disclose reasons and petitioner's objections were not considered before passing order.

The petitioner, Kamal Varandmal Galani, an individual assessee, filed a writ petition before the Bombay High Court challenging an order dated 21 Novem...