Search Results for "non resident Indian"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "non resident Indian"

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High Court

High Court of Karnataka Dismisses NRI Petition Seeking Voting Facility Abroad — No Fundamental Right to Vote Outside India. Writ of Mandamus cannot be issued to direct the Election Commission to provide voting facilities to Non-Resident Indians in their residing countries as the Representation of the People Act, 1951 does not provide for such facility and the right to vote is a statutory right, not a fundamental right.

2 May 2023

The petitioner, Sri Ravi M, a Non-Resident Indian residing in Saudi Arabia, filed a writ petition under Articles 226 and 227 of the Constitution of In...

High Court

Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Non-Resident Company — Lack of Reasonable Belief of Income Escaping Assessment. Reassessment Based on Mere Change of Opinion is Impermissible; Notice and Order Rejecting Objections Set Aside.

13 Mar 2012

The petitioner, Indivest Pte Ltd, a company incorporated in Singapore and wholly owned by the Government of Singapore, filed a writ petition challengi...

High Court

Bombay High Court Quashes Reassessment Notices for Non-Resident Taxpayer Due to Lack of Jurisdictional Satisfaction. Section 148 notices under Income Tax Act, 1961 set aside as Assessing Officer failed to record reasons and obtain sanction before issuing notices beyond four years.

7 Jul 2023

The petitioner, a non-resident Indian residing in Dubai, was regularly assessed to tax in India on income accruing or arising in India. He had investe...

Supreme Court

Supreme Court Allows Appeal Against Foreigners Tribunal Declaration in Assam Nationality Case — Emphasizes Right to Hearing and Burden of Proof Under Section 9 of Foreigners Act, 1946. The Court set aside the ex-parte order of the Tribunal and remanded the matter for fresh consideration, holding that the appellant was not given a fair opportunity to be heard.

11 Jul 2024

The Supreme Court considered an appeal against the Gauhati High Court's dismissal of a writ petition challenging the Foreigners Tribunal's declaration...

High Court

Bombay High Court Dismisses Revenue's Appeal in Gift Tax Case — Gifts Made in Kashmir by Non-Resident Assessee Exempt Under Section 5(1)(ii) of Gift Tax Act, 1957. The Court held that the situs of the gift is where the gift is made, and since the gifts were made in Kashmir, they are exempt as gifts of money made outside India.

2 Aug 2005

The Revenue appealed against the order of the Income Tax Appellate Tribunal which confirmed the Deputy Commissioner of Income Tax (Appeals)'s order ho...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in International Taxation Case — Transfer Pricing Adjustments Not Required for Non-Resident Entities Without PE in India. Settlement Commission has exclusive jurisdiction to determine tax liability of non-resident entities, and transfer pricing provisions under Chapter X of Income Tax Act, 1961 do not apply to non-residents without permanent establishment in India.

28 Feb 2014

The case involves a writ petition filed by the Director of Income Tax (International Taxation), Mumbai, challenging an order dated 31 January 2008 pas...

Supreme Court

Supreme Court Upholds Adoption Referral for NRI Couple Who Acquired US Citizenship During Process — Seniority Based on First Application as Indian Prospective Adoptive Parents Not Lost. The Court held that the change in citizenship status did not automatically extinguish the seniority of the respondents, and the referral of the child made before the change was valid under the Adoption Regulations, 2017.

25 Feb 2019

The case involves an appeal by the Union of India and the Central Adoption Resource Authority (CARA) against a Division Bench judgment of the High Cou...

Supreme Court

Supreme Court Upholds Section 13-B of East Punjab Urban Rent Restriction Act, 1949 for NRI Landlords in Chandigarh and Punjab. Constitutional validity of provision granting immediate possession to Non-Resident Indians upheld as reasonable classification under Article 14.

9 Aug 2019

The appeals were filed by tenants challenging the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which g...

High Court

High Court of Judicature at Bombay Refers Question of Law on Allowability of Expenditure under Section 40(a)(i) and Section 172 of Income Tax Act to Larger Bench. Disagreement with earlier Division Bench decision in CIT v. Orient (Goa) Pvt. Ltd. leads to referral on whether payer's non-resident status required for invoking proviso to Section 172.

5 Feb 2016

Background: The case concerns income tax appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income ...

High Court

Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

22 Feb 2019

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

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