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Search Results for "assessment pending"

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High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material — Prior Assessment Order Set Aside by ITAT Cannot Form Basis for Reopening. Reassessment Notice Based on Same Material Already Adjudicated and Set Aside by Appellate Authorities is Invalid Under Section 148 of Income Tax Act, 1961.

27 Jun 2023

The petitioner, a registered cooperative credit society formed by licensees of a municipal market, was assessable as an Association of Persons. Howeve...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Case on Section 80IA Deduction for Infrastructure Development. The Court held that the Assessee, engaged in construction of commercial assets, was not eligible for deduction under Section 80IA(4)(iii) of the Income Tax Act, 1961 as the activity did not constitute 'infrastructure facility'.

5 Jul 2023

The present appeals were filed by the Revenue (Pr. Commissioner of Income Tax, Pune) against a common order dated 25th November 2016 passed by the Inc...

High Court

High Court Dismisses CBDT's Challenge to CAT Order Quashing Charge Sheet Against Income Tax Officer. Acquittal in Criminal Case on Same Facts Justifies Quashing of Disciplinary Proceedings, Even if Acquittal Not Honourable.

8 Apr 2024

The petitioners, the Chairman of the Central Board of Direct Taxes (CBDT), the Revenue Secretary, and the Under Secretary to the Government of India, ...

High Court

Gujarat High Court Allows Petition Challenging Reassessment Notice Under Section 148 of Income Tax Act, 1961 — Satisfaction Note Recorded Beyond Three-Year Limit Invalid. Reassessment Notice Quashed as Satisfaction Note Was Recorded After Expiry of Three Years from End of Relevant Assessment Year, Violating Section 149(1)(b) of Income Tax Act, 1961.

30 Mar 2026

The petitioner, Aditya H. Patel, a salaried individual, filed his return of income for Assessment Year 2019-20 on 02.09.2019, declaring a total income...

High Court

Madras High Court Dismisses Revenue's Appeal in Textile Mill Machinery Replacement Case - Expenditure on Replacement of Old Machinery with Modern Equivalents Held Revenue Expenditure Under Section 37(1) of Income Tax Act, 1961. The court applied the enduring benefit test and functional utility test to determine that the new machinery did not create a new asset but merely replaced existing machinery.

9 Apr 2026

The case involves appeals by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) allowing the assessee, M/s. ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Reopening Case — Notice Under Section 148 Held Invalid as No Reasons Recorded. Assessee's Return Accepted Under Section 143(1) Cannot Be Reopened Without Proper Justification Under Section 147 of the Income Tax Act, 1961.

18 Aug 2015

The case pertains to an appeal filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against the order of the Income...

Supreme Court

Supreme Court Allows MBBS Admission for Speech-Disabled Candidate Despite 44% Disability — NMC's Blanket Disqualification Based on Disability Percentage Alone Held Invalid Under RPwD Act, 2016. Functional Assessment of Disability Required Before Denying Medical Education to Persons with Benchmark Disabilities.

18 Sep 2024

The appellant, Omkar Ramchandra Gond, a student from Latur, Maharashtra, with a speech and language disability (hypernasality with misarticulation due...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Block Assessment Case — Unexplained Investment of Rs. 1,50,000 Not Assessable as Undisclosed Income. The court held that the assessee had satisfactorily explained the source of investment and the addition was based on mere suspicion.

18 Aug 2015

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Bangalore, dated 3...

Supreme Court

Supreme Court Acquits Accused in Prevention of Corruption Act Case Due to Unproven Demand and Doubtful Evidence. Conviction under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, was set aside as the prosecution failed to establish demand of bribe beyond reasonable doubt, with a tax exemption notice served before the alleged demand rendering it improbable.

21 Feb 2022

The dispute involved an appeal against conviction under the Prevention of Corruption Act, 1988, where the appellant, a Commercial Tax Officer, was acc...

High Court

Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed.

12 Aug 2024

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 19...

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