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Search Results for "income tax"

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High Court

Bombay High Court Quashes Reopening Notice in HDFC Bank Bad Debts Case — No Failure to Disclose Material Facts. Section 148 notice under Income Tax Act, 1961 set aside as reassessment based on change of opinion and lack of tangible material.

1 Mar 2022

The petitioner, HDFC Bank Ltd., a scheduled bank registered with RBI, filed its return of income for assessment year 2006-07 and claimed deductions un...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act Due to Change in Law After Finance Act, 2021. Notice Issued Under Old Regime Held Invalid as Proceedings Must Conform to Amended Provisions, with Liberty to Initiate Fresh Proceedings.

22 Mar 2022

The petitioner, Nitinkumar S/o Rishiram Agrawal, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 31.03...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Application Under Section 264 of Income Tax Act, 1961 — Failure to Consider Petitioner's Objections and Violation of Principles of Natural Justice. The Assessing Officer's order under Section 195 was set aside for non-consideration of objections and lack of speaking order, and the revisional authority's order under Section 264 was quashed for not remedying the defect.

28 Feb 2022

The petitioner, Larsen & Toubro Limited, a public limited company and engineering conglomerate, entered into a contract with Oil and Natural Gas Corpo...

High Court

Bombay High Court Quashes Reassessment Notice Issued to Dead Person Under Income Tax Act — Notice Issued After Death Without Substituting Legal Heir Is Null and Void. Notice under Section 148 of the Income Tax Act, 1961 issued in the name of a deceased assessee is invalid and cannot be cured.

15 Feb 2022

The petitioner, Raniben Khimji Patel, is the legal heir of Khimji Karamshi Patel who died on 2nd March 2021. The Income Tax Department issued a notice...

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...

High Court

Bombay High Court Directs Immediate Refund of Undisputed Income Tax Refund Under Section 168(1) of Income Tax Act, 1961 — Failure to Release Admitted Refund Despite Reminders Constitutes Arbitrary Action

18 Dec 2023

The petitioner, Group M Media India Private Limited, filed a writ petition before the Bombay High Court alleging failure by the respondents (income ta...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Quashes Notice as Barred by Limitation and Lacking Fresh Material. Reopening beyond four years requires failure to disclose material facts, and reopening on same material as original assessment is impermissible change of opinion.

10 Nov 2023

The petitioner, DCW Limited, challenged a notice dated 30th June 2021 issued under Section 148 of the Income Tax Act, 1961 seeking to reopen its asses...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Gift of Property by Company to Director's Husband Held Not to be Income, as Assessee's Objections Were Not Properly Considered.

6 Oct 2023

The petitioner, Bakhtawar Construction Co. Pvt. Ltd., a closely held company, challenged a notice dated 30 March 2013 issued under Section 148 of the ...

High Court

Bombay High Court Dismisses Tax Appeal in Income Tax Reassessment Case — Upholds Addition of Unexplained Cash Credits Under Section 68 of Income Tax Act, 1961. Failure to Prove Identity, Creditworthiness, and Genuineness of Share Application Money Leads to Confirmation of Addition.

5 Sep 2023

The case involves a tax appeal by M/s. Prithvi Consultants Pvt. Ltd. against the Deputy Commissioner of Income Tax, Central Circle, Panaji, Goa. The d...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income-tax Act, 1961 for Lack of Fresh Material. Assessment Reopened Beyond Four Years Based on Reappraisal of Same Facts Without Allegation of Failure to Disclose Material Facts Held Invalid.

25 Sep 2023

The petitioner, CitiusTech Healthcare Technology Pvt. Ltd., filed a writ petition challenging a notice dated 27 March 2021 issued under Section 148 of...

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