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Bombay High Court Dismisses Revenue's Appeal in Deemed Dividend Case Under Section 2(22)(e) of Income Tax Act, 1961. Expenditure by Company on Lessor's Property Not Deemed Dividend as It Was for Business Purpose and Not for Shareholder's Benefit.

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal dated 9th September 2011. The resp...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Bombay High Court Allows Appeal of Property Owners Against Attachment Under MPID Act — Property Not Proceeds of Crime. The court held that property owned by third parties not accused cannot be attached merely because the accused was in possession under a leave and licence agreement.

The appellants, Smt. Madhu Deepak Gogri and Mayank Deepak Gogri, are the owners of Shop Nos. 1 and 2 in Prem Bhanu Apartment, Borivali (West). The pro...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Block Assessment Case — Tribunal's Finding of No Jurisdiction Upheld. Assessment under Section 158BD of Income Tax Act, 1961 Requires Satisfaction Recorded by Assessing Officer and Warrant of Authorization in Name of Assessee.

The case involves an appeal by the Commissioner of Income Tax-I against an order of the Income Tax Appellate Tribunal. The respondent, Shri Gopinath M...

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Bombay High Court Allows Revenue Appeal in Deemed Dividend Case Under Section 2(22)(e) of Income Tax Act, 1961. Tribunal's Order Set Aside for Non-Consideration of Provisions and Admission of Borrowing.

The case involves an appeal by the Revenue under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Pa...

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Bombay High Court Allows Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Assessment Year 1990-91. Reassessment Based on Change of Opinion Without Fresh Material is Invalid and Section 45(4) Does Not Apply to Distribution of Assets on Retirement of Partner.

The petitioner, a partnership firm, challenged a notice under Section 148 of the Income Tax Act, 1961 dated 21st July 2003 seeking to reopen the asses...

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Supreme Court Upholds Interim Protection in Oppression and Mismanagement Petition Under Companies Act, 2013. Court Extended Restraint on Construction and Permitted Limited Protective Works to Preserve Subject Matter of Dispute Pending Adjudication by NCLT.

The dispute arose from a company petition filed by the appellants under Sections 241, 242, 244, and 59 of the Companies Act, 2013, alleging oppression...