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Search Results for "ITAT order"

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High Court

High Court of Bombay at Goa Condones Delay in Tax Appeal Filed by Assessee Due to Lack of Notice and Ex-Parte ITAT Order; Litigant Should Not Suffer for Fault of Counsel, Delay of 40 Days Condoned Under Section 260A of Income Tax Act, 1961, on Payment of Costs.

23 Jun 2025

Two Miscellaneous Civil Applications were filed before the High Court of Bombay at Goa by Neelam Ajit Phatarpekar, an assessee, and as legal heir of l...

High Court

Bombay High Court Allows Appeal in Income Tax Case — Reassessment Notice Invalid Beyond Four Years Without Allegation of Non-Disclosure. Arbitration Award Receipt Held as Capital Receipt, Not Income Under Section 147 of the Income Tax Act, 1961.

8 Nov 2023

The appellant, Ramona Pinto, an individual, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 2nd April 2018 pass...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Due to Defective Notice Under Section 21 of the E.T. Act. Notice Issued by Commissioner but Signed by Assistant Commissioner Held Incurable Defect, Vitating Proceedings.

13 Apr 2022

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

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Upholds ITAT Order on Addition of Interest Income. The Court held that interest income from fixed deposits made out of borrowed funds is assessable under 'Income from Other Sources' and not 'Business Income', and that the Assessing Officer cannot reopen assessment under Section 147 without fresh tangible material.

23 Jul 2018

The case involves two cross-appeals under Section 260-A of the Income Tax Act, 1961, arising from the same order of the Income Tax Appellate Tribunal ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Upholds ITAT Order on Disallowance of Interest and Depreciation. Assessee's claim for deduction under Section 80-IA allowed as substantial question of law not raised.

23 Jul 2018

The case involves two cross appeals: ITA No.884/2007 filed by the Revenue (Commissioner of Income Tax and Income Tax Officer) and ITA No.60/2015 filed...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Revision Case — Commissioner's Revision Under Section 263 Held Invalid as Assessment Order Was Not Erroneous or Prejudicial to Revenue. The Court upheld the ITAT's finding that the twin conditions for invoking Section 263 of the Income Tax Act, 1961 were not satisfied.

24 Jul 2017

The Principal Commissioner of Income Tax, Goa, appealed against the order of the Income Tax Appellate Tribunal (ITAT), Panaji, dated 28/11/2014, which...

High Court

High Court Dismisses Revenue's Appeal in Carbon Credit Deduction Case — Income from Sale of Carbon Credits Held Not Derived from Eligible Business Under Section 80IA of Income Tax Act, 1961. The court upheld the Tribunal's decision quashing the revision order under Section 263, finding no substantial question of law.

29 Mar 2016

The appellant, Commissioner of Income Tax-III, Bangalore, filed an appeal under Section 260-A of the Income Tax Act, 1961, against the order of the In...

High Court

High Court of Karnataka Allows Appeal in Income Tax Case Due to Non-Application of Mind by ITAT — Reassessment Based on Revised Return Under Immunity Scheme Held Invalid Without Proper Examination of Section 143(1) Acceptance. The court held that the Assessing Officer must have independent reasons to believe income escaped assessment, and the revised return under the Immunity Scheme could not be the sole basis for reopening under Section 147 of the Income Tax Act, 1961.

20 Apr 2015

The case pertains to an appeal filed by the assessee, Sri K Nagesh, against the order of the Income Tax Appellate Tribunal (ITAT), Bangalore, dated 29...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Disallowance Under Section 40(a)(ia) Not Applicable When TDS Deducted and Paid Before Due Date of Filing Return Under Section 139(1). The court upheld the ITAT's order deleting disallowance, holding that the proviso to Section 40(a)(ia) allows deduction if TDS is paid before the due date under Section 139(1).

28 Feb 2014

The case involves three appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appel...

High Court

Bombay High Court Quashes ITAT's Interim Refund Order in Pending Appeal — Tribunal Cannot Direct Refund Without Adjudicating Merits Under Income Tax Act, 1961. The court held that the Income Tax Appellate Tribunal lacks jurisdiction to grant interim relief without hearing the main appeal, as it would render the appeal infructuous and cause prejudice to the revenue.

4 Feb 2014

The Director of Income Tax (Exemption), Mumbai, filed a writ petition challenging an order dated 25 November 2013 passed by the Income Tax Appellate T...

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