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Search Results for "Re-assessment"

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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 Quashes Reassessment Notices and Orders Under Section 153 of Income Tax Act, 1961 for Lack of Valid Sanction and Non-Application of Mind. Reassessment proceedings initiated without proper approval under Section 151(2) and based on borrowed satisfaction are invalid.

4 Sep 2023

The petitioner, Ashok Commercial Enterprises, filed nine writ petitions challenging reassessment notices dated 19th July 2021 and 14th July 2021 issue...

High Court

Bombay High Court Allows Petitions by Offshore Drilling Companies Challenging Reassessment Notices Under Section 148 of Income Tax Act, 1961 — Notices Quashed for Being Time-Barred and Lacking Proper Sanction. Reassessment notices for AY 2014-15 and 2015-16 were issued beyond the four-year time limit under Section 149 without any allegation of failure to disclose material facts, and the sanction under Section 151 was granted without proper application of mind.

4 Aug 2023

The petitioners, Shelf Drilling Ron Tappmeyer Limited, Shelf Drilling J.T. Angel Limited, and Shelf Drilling Trident XII Limited, are companies incorp...

High Court

High Court of Karnataka Dismisses Revision Petitions in Granite Dealer's VAT Assessment Case — Upholds Tribunal's Order Confirming Best Judgment Assessment. The court held that the Assessing Officer was justified in rejecting the books of accounts and making a best judgment assessment under the Karnataka Value Added Tax Act, 2003, as the dealer failed to produce purchase bills and other relevant documents.

11 Feb 2022

The petitioner, M/s Raj Shree Granites Limited, a dealer in granite, filed four revision petitions under Section 65(1) of the Karnataka Value Added Ta...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Reassessment Based on Mere Change of Opinion Without New Tangible Material is Invalid.

13 Mar 2018

The petitioner, Zuari Foods and Farms Pvt. Ltd., filed its return of income for Assessment Year 2011-12 declaring nil income after claiming exemption ...

High Court

High Court of Karnataka Allows Revenue Appeals in KVAT Composition Tax Dispute — Limitation for Reopening Assessment Under Section 39(1) of KVAT Act, 2003 Is Four Years from End of Relevant Tax Period. Show-cause notice issued on 02/07/2010 for tax year ending 31/03/2007 is within limitation, not barred by delay.

5 Apr 2016

The case involves appeals by the Revenue (Assistant Commissioner of Commercial Taxes, Commissioner of Commercial Taxes, and State of Karnataka) agains...

High Court

Karnataka High Court Allows Appeal in Income Tax Reassessment Case — Reassessment Invalid When Original Reasons Do Not Survive and Additions Made on New Grounds Without Proper Notice. The court held that under Section 147 of the Income Tax Act, 1961, the Assessing Officer cannot make additions on grounds different from those recorded in the Section 148 notice if the original reasons fail.

1 Jul 2015

The appellant, Sri N Govindaraju, an individual assessee with income from house property, transport business, capital gains, and other sources, filed ...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Reassessment Based on Mere Change of Opinion Invalid. The court held that the Assessing Officer's acceptance of the return under Section 143(1) after considering the Section 10A deduction claim precludes reopening without fresh tangible material.

16 Sep 2013

The petitioner, Sitara Diamond Pvt. Ltd., challenged a notice dated 3 May 2012 issued under Section 148 of the Income Tax Act, 1961, seeking to reasse...

High Court

High Court of Bombay Allows Student to Appear for 7th Semester Examination After Clearing Backlogs Through Revaluation. University directed to permit petitioner to appear for 7th semester examination as she cleared all backlog subjects before the examination.

9 Apr 2013

The petitioner, a student of engineering at Yeshwantrao Chavan College of Engineering, Nagpur, was granted provisional admission to the Fourth Year (c...

High Court

Bombay High Court Quashes Reassessment Notice Against Russian Company in Nuclear Power Project Tax Dispute — Lack of Fresh Material and Mechanical Approval of Sanction Invalidates Reopening Under Section 147 of Income Tax Act, 1961. Offshore Supply Contracts Not Taxable in India as Per Original Assessment; Reopening Based on Change of Opinion Not Permissible.

1 Aug 2012

The petitioner, Atomstroyexport, a Russian joint stock company, challenged the jurisdiction of the Deputy Director of Income Tax (International Taxati...

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