Search Results for "section 246A"

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Search Results for "section 246A"

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High Court

Bombay High Court Quashes Reassessment Order for Violation of Mandatory Procedure Under Section 144B of Income Tax Act, 1961. Failure to Provide Personal Hearing and Proper Opportunity to Respond Renders Assessment Order a Nullity.

7 Mar 2025

The petitioner, Madhuri Sameer Gokhale, an individual homemaker, challenged the reassessment order dated 29 March 2022 passed by the National Faceless...

High Court

Bombay High Court Quashes Reassessment Notice and Order in Income Tax Case Due to Lack of Full and True Disclosure Finding and Non-Disposal of Objections. Reopening Beyond Four Years Invalid as No Failure to Disclose Material Facts Alleged Under Section 147 First Proviso of Income Tax Act, 1961.

27 Feb 2025

The petitioner, Crystal Pride Developers, a partnership firm engaged in real estate development, filed its original return of income for Assessment Ye...

High Court

Supreme Court Allows Union's Appeals in Advance Authorization IGST Exemption Case. The Court upholds the pre-import condition as a valid policy measure to prevent double benefit and cash blockage, reversing the Gujarat High Court's decision.

10 Oct 2024

The case involves appeals by the Union of India against a Gujarat High Court judgment that set aside the mandatory 'pre-import condition' for claiming...

High Court

Bombay High Court Quashes Assessment Orders for Violation of Natural Justice in Transfer Pricing Adjustment. Failure to Provide TPO's Draft Order and Opportunity of Hearing Renders Proceedings Void Ab Initio Under Sections 144C and 92CA of Income Tax Act, 1961.

12 Sep 2023

The petitioner, Undercarriage and Tractor Parts Pvt. Ltd., filed its return of income for Assessment Year 2015-2016 on 30 September 2015 declaring a l...

High Court

High Court of Karnataka Upholds Notification Levying Central Excise on Tobacco Products — Notification No.3/2019-Central Excise dated 06.07.2019 held valid and within powers under Section 5A of Central Excise Act, 1944. The court held that the government has the power to modify or withdraw exemptions in public interest and that promissory estoppel does not apply to legislative functions.

21 Sep 2022

The judgment pertains to a batch of writ petitions filed by manufacturers and dealers of tobacco and tobacco products, challenging Notification No.3/2...

High Court

Bombay High Court Allows Writ Petition Challenging Refusal to Credit Amount Paid Under Income Declaration Scheme in Direct Tax Vivad Se Vishwas Act Proceedings. Court Holds That Beneficial Legislation Must Be Interpreted Liberally and Non Obstante Clause Does Not Bar Credit for Prior Payments Under Earlier Scheme.

11 Aug 2021

The petitioner, Pinnacle Vastunirman Private Limited, filed a writ petition challenging the refusal of the Principal Commissioner of Income Tax-2 (res...

High Court

Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

7 Oct 2019

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission's Jurisdiction in Income Tax Case — Settlement Application Valid Despite Expiry of Section 143(2) Notice Period. The term 'pending assessment' includes cases where return is filed and time for completion of assessment has not expired, even if no notice under Section 143(2) was issued.

30 Aug 2013

The Commissioner of Income Tax filed a writ petition under Article 226 of the Constitution challenging an order dated 31 December 2012 passed by the I...

High Court

Bombay High Court Allows Petition by TPAs Challenging TDS Notices Under Section 194J of Income Tax Act. Payments to Hospitals by TPAs for Health Insurance Claims Are Not Subject to TDS as They Are Not Fees for Professional or Technical Services.

3 May 2010

The petitioners, Dedicated Health Care Services TPA (India) Pvt. Ltd. and others, are Third Party Administrators (TPAs) registered with the Insurance ...

High Court

Bombay High Court Allows Revenue Appeal in Income Tax Block Assessment Penalty Case — Tribunal Erred in Deleting Penalty Under Section 158BFA(2) Despite Assessee's Appeal Against Assessment Order. Filing of appeal against assessment order precludes immunity from penalty under proviso to Section 158BFA(2) of Income Tax Act, 1961.

5 Apr 2010

The Revenue appealed against the order of the Income Tax Appellate Tribunal which had deleted a penalty of Rs.42,90,000/- imposed under Section 158BFA...

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