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Search Results for "income tax penalty"

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High Court

High Court Quashes Stay Order in GST Appeal for Lack of Jurisdiction — Mandamus Issued to Admit Appeal. Pre-deposit condition under Section 107(6) of CGST/SGST Acts 2017 cannot be imposed by appellate authority without first admitting the appeal.

20 Dec 2023

The petitioner, M/S Tejas Arecanut Traders, a proprietary concern engaged in the business of arecanut trading, filed a writ petition under Articles 22...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Reasons and Non-Application of Mind. The court held that the Assessing Officer failed to provide recorded reasons to the assessee and did not apply his mind to the fact that the transaction was already disclosed and examined during the original assessment under Section 143(3).

5 Sep 2023

The petitioner, Ashraf Chitalwala, an individual resident of India, filed his original return of income for Assessment Year 2015-16 on 27th September ...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income-tax Act, 1961 — Notice Barred by Limitation Under Section 149. Declaration Under Income Declaration Scheme, 2016 Deemed Never Made Due to Default in Instalments; Revised Return Filed; Reopening Notice Issued Beyond Time Limit Quashed.

28 Aug 2023

The petitioner, an individual, filed a declaration under the Income Declaration Scheme, 2016 (IDS) declaring undisclosed income. The scheme required p...

High Court

Bombay High Court Quashes Section 179 Order Against Director for Company Tax Dues — Holds Revenue Failed to Prove Lack of Diligence or Recovery from Company. Petitioner not liable as director under Section 179 of Income Tax Act, 1961 for taxes of Kaizen Automation Pvt. Ltd. for AY 2008-09 and 2009-10 because Revenue did not establish that tax could not be recovered from the company despite reasonable efforts.

12 Jun 2023

The petitioner, Prakash B. Kamat, a mechanical engineer, developed a smart card-based ticketing solution and incorporated Kaizen Automation Pvt. Ltd. ...

High Court

High Court Allows Appeal in Entry Tax Case — Lubricants Not 'Petroleum Products' Under Karnataka Entry Tax Act. Synthetic and petroleum-based lubricants imported under Customs Tariff Chapters 34 and 37 are not covered by the definition of 'petroleum products' in Section 2(6) of the Karnataka Entry Tax Act, 1979, and thus not liable to entry tax.

16 Dec 2020

The appellant, M/s. Kluber Lubrication (India) Pvt Ltd, a private limited company registered as a dealer under the Karnataka Value Added Tax Act, 2003...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Penalty Case — Penalty Under Section 271(1)(c) Not Leviable Where Assessee's Method of Accounting Was Not Accepted but No Concealment or Inaccurate Particulars Found. The court held that mere rejection of the method of accounting does not attract penalty under Section 271(1)(c) of the Income Tax Act, 1961; the Revenue must establish concealment or furnishing of inaccurate particulars.

22 Sep 2015

The Revenue appealed against the order of the Income Tax Appellate Tribunal (ITAT) dated 21.11.2014, which had dismissed the Revenue's appeal and uphe...

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 Revenue's Appeal in Upfront Appraisal Fee Taxability Case. Upfront appraisal fee charged by a non-resident statutory company for evaluating loan applications is held to be taxable as income under the Income Tax Act, 1961, as it is not a reimbursement of expenses but a fee for services rendered.

9 Jul 2012

The case involves an appeal by the Director of Income Tax (International Taxation) against an order of the Income Tax Appellate Tribunal (ITAT) dated ...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Penalty Case — Assessee's Claim of Ignorance of Law Not Sufficient to Delete Penalty Under Section 271(1)(c). Deemed Dividend Addition Under Section 2(22)(e) Upheld; Penalty Restored as Assessee, a Partner in Real Estate Firm and Major Shareholder, Could Not Claim Bona Fide Mistake.

30 Mar 2010

The Revenue appealed against the order of the Income Tax Appellate Tribunal which had deleted a penalty of Rs.10,08,400/- imposed under Section 271(1)...

High Court

Bombay High Court Remands Penalty Matter in Block Assessment Case for Lack of Considered Decision by ITAT. Penalty under Section 158BFA(2) of Income Tax Act, 1961 set aside without proper application of mind; non-payment of tax on block return was a relevant factor.

25 Feb 2010

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) dated 4th April 2008, which...

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