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Search Results for "CBDT power"

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High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Fresh Material. Reopening of Assessment Under Section 147 of Income Tax Act, 1961 Invalid When Based on Same Material Already Considered in Original Assessment.

25 Aug 2023

The petitioner, Siemens Financial Services Pvt Ltd, a Non-Banking Finance Company registered with RBI, filed its return of income for Assessment Year ...

High Court

Bombay High Court Allows Compounding Application for TDS Default Despite Delay in Filing, Directs Reconsideration of Compounding Fees. Petitioners deposited TDS belatedly but before show cause notice; court held that compounding application cannot be rejected solely on ground of delay in filing where no prosecution was pending.

18 Jul 2023

The petitioners, Sofitel Realty LLP and its partners, filed a writ petition challenging the rejection of their compounding application for offences un...

High Court

Bombay High Court Allows Writ Petition for Condonation of Delay in Filing Income Tax Return Under Section 119(2)(b) of Income Tax Act, 1961 — CBDT Directed to Consider Petitioner's Application on Merits. The court held that the CBDT must consider the application for condonation of delay on its own merits and not reject it without proper consideration.

18 Jul 2023

The petitioner, a joint venture between M/s R. K. Madhani & Co. and M/s Prakash Engineers & Infraprojects Private Limited, was engaged in executing pr...

Supreme Court

Supreme Court Allows Filing of Revised Income Tax Returns After Due Date in Amalgamation Case — Holds That NCLT-Approved Scheme Overrides Procedural Timelines Under Income Tax Act. Clause 64(c) of the Scheme Permitting Revised Returns Has Statutory Force and Department Cannot Reject Them as Invalid.

18 Dec 2019

The Supreme Court allowed the appeals filed by M/s Dalmia Power Limited and M/s Dalmia Cement (Bharat) Limited against the judgment of the Division Be...

Supreme Court

Supreme Court Allows Revenue's Appeal in Transfer Pricing Case — CBDT Instruction Not Mandatory. Assessing Officer's Power to Determine Arm's Length Price Under Section 92C(3) Upheld Despite Non-Reference to TPO.

13 Aug 2019

The case involves an appeal by the Principal Commissioner of Income Tax-4, Mumbai against the judgment of the Bombay High Court which dismissed the Re...

Supreme Court

Supreme Court Dismisses PIL Challenging Jeevan Aadhar Policy Condition That Annuity Payable Only After Death of Proposer Under Section 80DD Income Tax Act. Court Holds That Policy Terms Align with Statutory Scheme and No Violation of Article 14.

3 Jan 2019

The petitioner, Ravi Agrawal, a differently abled person, filed a Public Interest Litigation under Article 32 of the Constitution challenging the cond...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Notice Under Income Tax Act — Limitation Period Under Rule 68B Computed from Date of Dismissal of SLP, Not from High Court Judgment.

27 Sep 2018

The petitioner, M/s Rambilas Gulabdas (HUF), filed a writ petition challenging an auction notice dated 18.11.2004 issued by the Tax Recovery Officer u...

High Court

High Court of Karnataka Allows Writ Petition for Condonation of Delay in Investment Under Section 54EC of Income Tax Act, 1961 — CBDT's Rejection Set Aside. The CBDT's power under Section 119(2)(b) is not circumscribed by any time limit and must be exercised liberally to avoid hardship.

24 Oct 2017

The petitioner, Dr. Sujatha Ramesh, sold an immovable property during the Assessment Year 2013-14 and realized long-term capital gains. To claim exemp...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Waiver of Interest Under Sections 234A, 234B, 234C of Income Tax Act, 1961. Petitioner failed to deposit unutilized capital gains in specified account, leading to levy of interest.

25 Oct 2016

The petitioner, Humayun Suleman Merchant, filed a writ petition challenging the order dated 5th October 2004 passed by the Chief Commissioner of Incom...

High Court

Bombay High Court Allows Condonation of Delay in Filing Income Tax Return for Cooperative Bank — CBDT Order Quashed for Non-Application of Mind. The court held that the CBDT must consider the reasons for delay, such as delayed statutory audit and change in management, before rejecting an application under Section 119(2)(b) of the Income Tax Act, 1961.

20 Sep 2010

The petitioner, M/s. Bombay Mercantile Coop Bank Ltd., a multi-state cooperative bank registered under the Multi State Cooperative Society Act, filed ...

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