Search Results for "Tax adjustment"

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Search Results for "Tax adjustment"

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High Court

High Court Orders Tax Authority to Refund Rs. 10.69 Crores to Petitioner. Court rules in favor of the Petitioner, mandates refund with interest due to improper adjustment of dues.

9 Jul 2024

The case of a tax refund dispute, the Petitioner sought the refund of Rs. 10,69,89,606/- for the year 2011-2012. The Respondents had adjusted this ref...

Supreme Court

Supreme Court Upholds High Court's Decision Allowing Rectification of GST Returns in Error Period. The Court affirmed that circulars restricting rectification of Form GSTR-3B to net basis adjustments are inconsistent with GST laws and that rectification must be permitted in the period of error occurrence under the Central Goods and Services Tax Act, 2017.

28 Oct 2021

The appeal arose from a judgment of the High Court of Delhi dated 05.05.2020 in W.P. (C) No. 6345 of 2018, which allowed a writ petition filed by Bhar...

Supreme Court

Supreme Court Allows Appeals in VAT/GST Pre-deposit Dispute — Holds That Proof of Payment Can Be Produced Before First Hearing. The Court ruled that the requirement to deposit 12.5% of the disputed tax under the second proviso of Section 19 of the APGST Act, 1957 does not mandate payment within the limitation period for filing the appeal, but only before the appeal is first taken up for consideration.

10 Jul 2019

The Supreme Court considered a batch of civil appeals arising from orders of the Appellate Authority under the APGST Act, 1957, AP VAT Act, 2005, and ...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Application Under Section 197 of Income Tax Act for Lower Tax Deduction on Dividend Income. The court held that a Tax Residency Certificate (TRC) is sufficient evidence of residence for claiming treaty benefits under the India-Mauritius DTAA, and the Assessing Officer must consider the DTAA provisions.

26 Apr 2019

The petitioner, Indostar Capital, a Mauritius-based company incorporated in October 2010, held a Category 1 Global Business Licence and a Tax Residenc...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Immovable Property — Purchaser Failed to Demonstrate Willingness to Complete Transaction. Readiness without willingness is insufficient for specific performance under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff insisted on adjustment of loans without calling upon defendant to pay its share.

8 Apr 2019

The suit was filed by G Ram Construction Company (plaintiff) against Chowgule & Company (Hind) Pvt Ltd (defendant) for specific performance of an agre...

High Court

Bombay High Court Allows Petitions Challenging Levy of Entry Tax on Natural Gas Under Maharashtra Entry Tax Act, 2002 — Holds That Natural Gas Is Not 'Goods' for Entry Tax Purposes When Supplied Through Pipelines

27 Jul 2018

The judgment concerns four writ petitions filed by companies (Deepak Fertilisers and Petrochemicals Corporation Ltd., Smartchem Technologies Ltd., Emp...

High Court

High Court of Karnataka Dismisses Assessee's Appeal in Transfer Pricing Case — No Substantial Question of Law Found. The ITAT's findings on arm's length price for software development services were based on evidence and not perverse, hence no interference under Section 260-A of the Income Tax Act, 1961.

26 Jun 2018

The assessee, M/s. Indigra Exports Pvt. Ltd., filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appe...

High Court

Bombay High Court Upholds Reopening of Assessment Under Section 147(a) for Income Tax on Minimum Guarantee Receipts from Film Sale. Assessee's Failure to Disclose Full Consideration for Sale of Movie 'Charas' Justifies Reassessment Despite Partial Acceptance of Addition.

17 Nov 2017

The case involves an income tax reference at the instance of the assessee, who sold a movie titled 'Charas' to M/s. Prakash Pictures on a minimum guar...

High Court

Bombay High Court Allows Writ Petition in Income Tax Refund Interest Case — Self-Assessment Tax Refund Eligible for Interest Under Section 244A(1)(b). Interest on refund of excess self-assessment tax paid under Section 140A is payable from the date of payment of such tax, not from the date of filing of return.

17 Nov 2014

The petitioner, Stock Holding Corporation of India Ltd., filed a writ petition challenging an order dated 28 September 1999 passed by the Commissioner...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Case — Prima Facie Adjustment Under Section 143(1)(a) Cannot Include Provision for Doubtful Debt. The ITAT was right in holding that adjustment for provision for doubtful debt is outside the ambit of prima facie adjustment under Section 143(1)(a) of the Income Tax Act, 1961.

28 Jun 2011

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which deleted a prima faci...

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