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Search Results for "settlement commission"

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High Court

High Court Dismisses Revenue's Challenge to Settlement Commission Order in Income Tax Case — Settlement Commission's Acceptance of Additional Income and Grant of Immunity Upheld. The Settlement Commission's order under Section 245C of Income Tax Act, 1961 is final and cannot be assailed by Revenue under Article 226 except on limited grounds.

9 Aug 2024

The Revenue filed a writ petition under Article 226 of the Constitution challenging the order of the Income Tax Settlement Commission dated 11.03.2020...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in Income Tax Case. ITSC's order under Section 245D(4) of Income Tax Act, 1961 upheld as valid and not perverse.

4 Apr 2024

The Commissioner of Income Tax, Central – II, Mumbai, filed a writ petition challenging an order dated 31st July 2013 passed by the Income Tax Settl...

High Court

Bombay High Court Allows Writ Petition Challenging Eligibility Condition for Settlement Commission Applications Under Income Tax Act, 1961. The court held that a press release and notification imposing a cut-off date for eligibility to file settlement applications were ultra vires the Act.

2 Apr 2024

The petitioner, a company engaged in sugar and ethanol business, was subjected to a search under Section 132 of the Income Tax Act, 1961 on 25.07.2019...

High Court

Bombay High Court Dismisses Appeals by Legal Heirs in Consent Award Dispute Under Arbitration and Conciliation Act, 1996 — Arbitrator Lacked Jurisdiction to Determine Settlement Without All Parties' Request. Consent Awards Set Aside as Sections 30 and 32 of the Act Mandate Joint Request by All Parties for Recording Settlement, Distinguishing from Civil Court Compromise Procedure.

13 Oct 2017

The dispute involved a family property arbitration among the legal heirs of Abdullabhai, concerning properties of firms M/s Abdullabhai Fiddali and Co...

High Court

Bombay High Court Upholds Settlement Commission's Majority Decision Rejecting Settlement Application in Customs Duty Evasion Case. Majority view prevails over minority view under Section 127I of the Customs Act, 1962 when there is a difference of opinion among Members.

16 Sep 2016

The petitioners, Under Water Services Company Limited and others, filed a Writ Petition under Article 226 of the Constitution of India challenging the...

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 Dismisses Revenue's Challenge to Settlement Commission Order in Bogus Purchases Case — No Jurisdictional Error Found. Settlement Commission's Discretion to Accept Additional Income Disclosure Under Section 245D of Income Tax Act, 1961 Upheld as Not Perverse or Unreasonable.

13 Jun 2013

The Revenue (Commissioner of Income Tax, Pune) filed a writ petition under Article 226 of the Constitution challenging an order dated 21 September 201...

High Court

Bombay High Court Allows Writ Petition Challenging Settlement Commission's Order on Maintainability of Settlement Application Under Section 32E of Central Excise Act, 1944 — Holds That Order of Adjudication Is Made on Date of Dispatch, Not Date of Signing

15 Mar 2013

The petitioner, M/s. Vishnu Steels, a manufacturer of excisable goods, challenged an order of the Settlement Commission dismissing its application und...

High Court

Bombay High Court Dismisses Petition Challenging Settlement Commission Orders in Customs Duty Under-Invoicing Case. Settlement Commission's Rejection of Settlement Application Upheld as Proper Exercise of Discretion Under Section 127H of Customs Act, 1962.

27 Jul 2010

The petitioner, M/s Paul Industries, imported electronic goods during 1995-96 and was issued a show cause notice on 11th June 1999 by the Directorate ...

High Court

High Court of Bombay allows importer's writ petition challenging Settlement Commission order that failed to apply lowest transaction value rule for identical goods under Customs Valuation Rules; directs reduction of duty demand from Rs.23,01,077 to Rs.3 lakhs. Court holds that Settlement Commission is bound by the Customs Act and Valuation Rules, and must adopt the lowest of multiple identical goods' transaction values when available.

27 Jul 2010

The dispute arose from imports of electronic goods by the petitioner during 1995-96. The Directorate of Revenue Intelligence investigated alleged unde...

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