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Search Results for "taxable income"

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High Court

High Court of Karnataka Dismisses Revenue's Appeal in Transfer Pricing Case — Assets Received from AE Not Taxable Under Section 28(iv) of Income Tax Act. The court held that assets received from Associated Enterprise without consideration are not taxable as perquisite under Section 28(iv) as they are not in the nature of 'benefit' arising from business or profession.

28 Jul 2025

The Revenue (Pr. Commissioner of Income Tax and Asst. Commissioner of Income Tax) filed an appeal under Section 260A of the Income Tax Act, 1961 again...

High Court

High Court Quashes GST Appellate Order Against Indian Oil Corporation for Violation of Natural Justice — Pre-deposit Requirement Set Aside. Failure to Provide Personal Hearing and Reasoned Order Renders Appellate Order Unsustainable Under Section 107(11) of CGST Act, 2017.

20 Aug 2024

The petitioner, M/s Indian Oil Corporation Ltd., a public sector undertaking engaged in storage and supply of petroleum products, filed a writ petitio...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income-tax Act, 1961 — Notice Barred by Limitation Under Section 149. Declaration Under Income Declaration Scheme, 2016 Deemed Never Made Due to Default in Instalments; Revised Return Filed; Reopening Notice Issued Beyond Time Limit Quashed.

28 Aug 2023

The petitioner, an individual, filed a declaration under the Income Declaration Scheme, 2016 (IDS) declaring undisclosed income. The scheme required p...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 — Unsigned Notice Invalid and Proceedings Barred by Limitation. The court held that an unsigned notice under Section 148 is not a valid notice and cannot initiate reassessment proceedings beyond the limitation period under Section 149(1)(b).

9 Jan 2023

The petitioner, Prakash Krishnavtar Bhardwaj, a non-resident Indian residing in Dubai, UAE, filed a writ petition under Article 226 of the Constitutio...

High Court

Bombay High Court Allows Liquidator's Petition Against Service Tax Demand on Deemed Sale Transaction. VAT Already Levied on Same Transaction Under MVAT Act Precludes Service Tax Under Finance Act, 1994.

12 Oct 2022

The petitioner, Nayana Premji Savala, as Liquidator of Swire Oilfield Services India Private Limited (company in liquidation), filed a writ petition c...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Deduction Case Under Section 43B Explanation 3C. Interest Converted into Debentures Not Deemed Actually Paid as Per Retrospective Amendment, Disallowing Deduction Under Income Tax Act, 1961.

11 Aug 2021

The dispute arose from an appeal by M.M. Aqua Technologies Ltd. against the Commissioner of Income Tax, Delhi-III, concerning the interpretation of Se...

High Court

Bombay High Court Dismisses Revenue's Challenge to AAR Order on Capital Gains Tax Exemption for Non-Resident Share Transfer. Transfer of shares by non-resident to another non-resident outside India does not attract capital gains tax under Section 9(1)(i) of Income Tax Act, 1961 as the shares are not situated in India.

25 Nov 2016

The Commissioner of Income Tax, Goa, filed a writ petition challenging two orders dated 12.03.2010 and 15.06.2010 passed by the Additional Commissione...

Supreme Court

Supreme Court Allows Revenue's Appeal in Income Tax Case on Bonus Shares - Averaging Original Cost Over All Shares. When Bonus Shares Rank Pari Passu, the Correct Method to Compute Profit or Loss is to Spread the Cost of Original Shares Over Both Original and Bonus Shares.

3 Apr 1969

This case involved the method of computing profit or loss on the sale of bonus shares in the hands of a dealer in shares. The respondent, Gold Mohore ...

Supreme Court

Supreme Court Upholds Revenue's Tax Assessment of Contract Transfer Consideration. Transfer of Benefit of Purchase Contract for Parachutes Held to be Venture in the Nature of Trade, Amount Received Taxable as Revenue Receipt.

12 Feb 1969

The appeal before the Supreme Court of India arose from a reference under the Income-tax Act, 1922, concerning the assessment year 1947-48. The appell...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Matter — Profit on Sale of Shares Held as Business Income and Not Capital Accretion. The Profit from Sale of Shares Held as Stock-in-Trade is Taxable as Business Income under the Indian Income-tax Act, 1922, Even If Part of Sale Price Attributable to Controlling Interest.

28 Nov 1967

The assessee, a private limited company, was engaged in share trading. From 1942 to 1948, it regularly dealt in shares of Elphinstone Mills, treating ...

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