Search Results for "failure to disclose"

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Reassessment Notice Under Section 148 of the Income-tax Act, 1961 — Bombay High Court Quashes Reassessment Proceedings

Jurisdictional Error — Absence of Fresh Tangible Material — Change of Opinion — Issue Pending Before Tribunal — Reassessment Proceedings Held ...

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Reopening of Assessment Beyond Four Years Held Illegal Without Fresh Tangible Material. Reassessment Under Section 147 of Income Tax Act, 1961 Quashed Due to Lack of Jurisdiction and Change of Opinion

The Bombay High Court quashed the notice dated 27 March 2021 under Section 148 and the assessment order dated 29 March 2022, holding that: The reopen...

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Claim Repudiation — Non-Disclosure of Material Facts — Substantial Disclosure — Prudent Insurer Test — Reinstatement of Insurance Benefits with Interest

The Supreme Court held that the non-disclosure of additional policies did not amount to material suppression because the disclosed policy itself had a...

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Bombay High Court Quashed Notice Issued Under Section 148 of the Income Tax Act, 1961. Reassessment Proceedings Deemed Invalid Due to Lack of New Material and Reopening on Same Grounds as Section 263 Proceedings

Reopening of assessment is not permissible when the issues have already been adjudicated in revisional proceedings under Section 263 and no fresh mate...

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Penalty under Section 271AAA of the Income Tax Act, 1961 imposed partially; Supreme Court held penalty not leviable on Rs. 2,27,65,580/- as conditions under Section 271AAA(2) were fulfilled, but imposed 10% penalty on Rs. 2,49,90,000/- as undisclosed income found during search.

Constitution of India (COI) – Code of Criminal Procedure (CrPC) – Income Tax Act, 1961 (Act 1961): – Section 271AAA – Penalty for undisclosed ...

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Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...

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Arbitration Amidst Disputed Insurance Claims. Navigating jurisdictional challenges and contractual non-disclosure in arbitration under the Arbitration and Conciliation Act, 1996.

A Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award for its alleged failur...

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"Bombay HC Refuses to Quash FIR in 498-A Case, Cites Judicial Defiance and Prima Facie Evidence" “Compliance with judicial orders and allegations of cruelty under Section 498-A IPC weigh against quashing proceedings under Section 482 Cr.P.C.”

The Bombay High Court dismissed an application seeking quashing of FIR and criminal proceedings under Section 482 Cr.P.C., citing continued non-compli...

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High Court Quashes Reassessment Notice Against Bank for AY 2015-16; Holds Notice Based on "Change of Opinion" Invalid. Failure to demonstrate non-disclosure of material facts renders reassessment notice issued after four years unsustainable.

The High Court quashed a reassessment notice issued to a bank for the Assessment Year 2015-16, holding that the notice was based solely on a change of...

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Bombay High Court Quashes Reassessment Notice for AY 2013-14 Citing Lack of Proper Grounds. Court rules that reassessment cannot be initiated after four years without evidence of the assessee’s failure to disclose material facts during original scrutiny assessment.

  The reassessment proceedings initiated against the petitioner for the Assessment Year (AY) 2013-14, after scrutiny assessm...