Search Results for "section 244A"

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Search Results for "section 244A"

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High Court

Bombay High Court Allows Writ Petition Against Unlawful Adjustment of Income Tax Refund Without Prior Intimation Under Section 245 of the Income Tax Act, 1961. The court held that adjustment of refund without prior intimation is illegal and directed refund with interest.

27 Jun 2023

The petitioner, Bharat Petroleum Corporation Limited, a public sector undertaking, filed a writ petition under Article 226 of the Constitution before ...

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

Bombay High Court Dismisses Revenue's Appeal in MAT Credit Case — Credit for Brought Forward MAT Must Be Given Before Computing Interest Under Section 234B of Income Tax Act, 1961. The Court held that MAT credit reduces the tax payable on assessment and must be deducted from gross demand before charging interest under Section 234B.

6 Apr 2010

The appeal by the Revenue arose from an order of the Income Tax Appellate Tribunal dated 20 June 2007, concerning assessment year 2000-2001. The asses...

High Court

Bombay High Court Directs Income Tax Department to Comply with ITAT Order and Release Seized Jewellery and Refund Within Six Weeks. Failure to Complete Block Assessment Within Limitation Under Section 158BE of Income Tax Act, 1961 Renders Retention of Seized Assets Illegal.

10 Feb 2023

The petitioner, legal heir of Late Mr. Lakhpatrai Agarwal, filed a writ petition challenging the inaction of the Income Tax Department in complying wi...

Supreme Court

Supreme Court Allows Appeal of Taxpayer Against Non-Processing of Income Tax Returns and Refund Claims. Mandamus Issued to Process Returns Under Section 143(1) Within Four Weeks, Subject to Section 143(1D) and Section 241A of the Income Tax Act, 1961.

1 Jan 2020

The appellant, Vodafone Idea Ltd. (formerly Vodafone Mobile Services Ltd), is a telecommunications company that filed income tax returns for Assessmen...

High Court

Bombay High Court Upholds Assessee in Tax Refund Interest Dispute: Interest under Section 244A Payable from Date of Tax Payment, Not Central Government Account Credit. Court Clarifies that Payment by Cheque to Authorized Agent Constitutes Payment upon Debit to Assessee's Account, Thus Interest Entire Month of Payment Even if Credited Later.

11 Aug 2011

The appeal before the Bombay High Court arose from a dispute regarding the date from which interest under section 244A of the Income Tax Act, 1961 is ...

High Court

Bombay High Court Allows Appeal of Assessee in Income Tax Refund Interest Case — Refund Arising from Appellate Order Reducing Income Below Returned Income Qualifies for Interest Under Section 244A(1)(a) Irrespective of 10% Threshold. The court held that the ITAT erred in applying Section 244A(1)(b) to a refund resulting from an order giving effect to the CIT(A)'s order, and directed computation of interest from the date of payment of excess tax.

9 Feb 2024

The appellant, Ceat Limited, filed an appeal under Section 260A of the Income Tax Act, 1961 against an order of the Income Tax Appellate Tribunal (ITA...

High Court

Bombay High Court Allows Writ Petition Challenging Tax Determination Under Kar Vivadh Samadhan Scheme, 1998. Certificate of tax payable set aside for non-compliance with statutory requirements under Section 90(2) of Finance (No.2) Act, 1998.

14 Jul 2023

The petitioner, The Bombay Dyeing & Manufacturing Co. Ltd., filed a writ petition challenging the legality and validity of orders passed by Respondent...

High Court

Bombay High Court Allows Interest on Refund Under Section 244A(1)(a) of Income Tax Act, 1961 — Refund Arising from Appellate Order Not Subject to 10% Threshold. The court held that the 10% threshold under Section 244A(1)(b) applies only to refunds of excess advance tax/TDS, not to refunds arising from appellate orders under Section 244A(1)(a).

9 Feb 2024

The appellant, Ceat Limited, filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (IT...

High Court

Bombay High Court Allows Writ Petitions Challenging Income Tax Reassessment Notices for Lack of Jurisdiction and Non-Application of Mind. The court held that the Assessing Officer failed to form a valid belief of income escaping assessment under Section 147 of the Income Tax Act, 1961, as the reasons recorded were based on borrowed satisfaction and lacked independent application of mind.

17 Oct 2019

The petitioner, Vodafone Idea Limited (successor in interest of Idea Cellular Ltd and erstwhile Vodafone India Ltd), filed two writ petitions challeng...

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