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Search Results for "income tax penalty"

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High Court

Bombay High Court Quashes Assessment Order for Violation of Natural Justice in Faceless Assessment Scheme — Mandatory Personal Hearing Under Section 144B(6)(viii) Not Provided. The court held that failure to grant personal hearing as mandated by Section 144B(6)(viii) of the Income Tax Act, 1961 renders the assessment order a nullity, and consequently the demand notice and penalty show cause notices are also vitiated.

27 Feb 2025

The petitioner, Vimal Trading, a partnership firm engaged in trading and investment in the capital market, filed a nil return of income for Assessment...

Supreme Court

Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

23 Feb 2022

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

High Court

Bombay High Court Quashes Assessment Order for Violation of Section 144C(11) Time Limit — DRP Directions Issued Beyond Nine-Month Period Invalid. The court held that the Dispute Resolution Panel's directions under Section 144C(5) of the Income Tax Act, 1961 must be issued within nine months from the end of the month in which the draft assessment order is received, and failure renders the assessment order void.

14 Feb 2022

The petitioner, Shell India Markets Private Limited, a company engaged in retailing petroleum products and supplying lubricants, challenged an assessm...

Supreme Court

Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

22 Jul 2020

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

High Court

Bombay High Court Quashes CBDT Action Plan Points System for Tax Recovery as Arbitrary and Unconstitutional. The court struck down the system of awarding points to Income Tax Officers for achieving tax recovery targets, holding it ultra vires the Income Tax Act, 1961 and violative of Article 14 of the Constitution.

11 Apr 2019

The Bombay High Court, in a judgment dated 11th April 2019, dealt with two petitions challenging a portion of the Central Action Plan for the financia...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim for Death of 45-Year-Old Businessman. Tribunal's deduction of 30% towards income tax held erroneous; multiplier of 14 applied on notional income of Rs. 6,000 per month with 50% future prospects.

16 Apr 2018

The appeal arises from a judgment dated 7-7-2015 passed by the Senior Civil Judge and Additional MACT at Basavakalyan in MVC No.154/2014. The appellan...

High Court

Bombay High Court Upholds Validity of Assessment Orders Issued in Trade Name Despite Proprietor's Participation — Estoppel by Conduct Bars Challenge to Notice. The Court held that assessment orders are not non-est merely because notices were issued in the trade name, as the proprietor participated in proceedings without objection.

15 Mar 2016

The case involves multiple sales tax references filed by the Commissioner of Sales Tax against M/s. Klip Nail Care and other respondents. The common q...

High Court

Bombay High Court Quashes Reopening Notices Under Section 148 of Income Tax Act for Lack of Fresh Material. Reassessment Based on Change of Opinion Without New Tangible Material is Invalid.

27 Mar 2015

The petitioner, M/s. Alliance Space Pvt. Ltd., a company engaged in property development, challenged two notices dated 24th March 2015 and 29th March ...

High Court

Bombay High Court Dismisses Petition Challenging SEBI Recovery Proceedings and Civil Imprisonment Order for Non-Payment of Dues. Recovery Officer's Order for Arrest and Detention of Defaulter Under Section 28A of SEBI Act, 1992 Upheld as Valid Exercise of Powers.

10 Mar 2015

The petitioner, Vinod Hinigorani, filed a writ petition under Article 226 of the Constitution of India challenging the validity of orders dated 18.12....

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Penalty Case — Penalty Under Section 271(1)(c) Cannot Be Imposed When Assessment Appeal Is Pending on Substantial Questions of Law. The court held that when the assessment order is under challenge and the appeal has been admitted on substantial questions of law, the issue is debatable and penalty under Section 271(1)(c) of the Income Tax Act, 1961 cannot be imposed.

3 Mar 2015

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) which had di...

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