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High Court of Karnataka Dismisses Revenue Appeal in Income Tax Case — Tribunal's Deletion of Addition on Transport Creditors Upheld. Assessee's claim for transport creditors allowed as ITAT found no justification for addition under Section 260A of Income Tax Act, 1961.

The Revenue filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) dated 27.11.2...

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Supreme Court Dismisses Assessee in Income Tax Appeal Over TDS Disallowance. Disallowance of Rs. 57,11,625 upheld under Section 40(a)(ia) of Income Tax Act, 1961 as assessee failed to deduct tax at source on payments exceeding Rs. 20,000 per goods receipt to truck operators under Section 194C.

The dispute arose from an income tax assessment for the year 2005-2006 involving Shree Choudhary Transport Company, a partnership firm engaged in tran...

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Bombay High Court Allows Tax Appeal in Expenditure Tax Reassessment Case Due to Non-Compliance with Natural Justice Principles. Reassessment Order Set Aside for Failure to Furnish Reasons and Dispose Objections as Mandated by GKN Driveshaft.

The appellant, Fomento Resorts & Hotels Ltd., filed a return under the Expenditure Tax Act, 1987 for assessment year 1997-98 showing nil chargeable ex...

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High Court of Karnataka Upholds Sugar Factory's Right to Export Subsidy Under Sugar Development Fund Act, 1982. Internal transport and freight charges subsidy cannot be denied on ground of non-compliance with procedural requirements where substantive entitlement is established.

The Union of India and the Chief Director (Sugar) filed an intra-court appeal under Section 4 of the Karnataka High Court Act against an order dated 1...

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

The petitioner, Debashu Services Private Limited, a private limited company registered under the Companies Act, 1956, is a regular assessee under the ...

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Bombay High Court Quashes Reassessment Notices for HUF Assessee in Income Tax Case — Lack of Reasonable Belief of Income Escaping Assessment. Notices under Section 148 of Income Tax Act, 1961 set aside as reasons for reopening were based on mere change of opinion and not on fresh tangible material.

The petitioner, a Hindu Undivided Family (HUF) carrying on cotton ginning and pressing business, challenged four notices dated 30 March 2004 issued un...

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Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

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Bombay High Court Allows Deduction for Transit Quarter Maintenance in Favor of Assessee — Premises Used for Business Purposes Not a Guest House Under Section 37(4) of Income Tax Act, 1961. Expenditure on Accommodating Employees on Business Visits is Allowable as Business Expenditure Under Section 37(1).

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the assessee, M/s. Greaves Cotton & Co. Ltd., arisi...