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Search Results for "ITAT order"

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Supreme Court

Supreme Court Allows Revenue's Appeal in Income Tax Case — Notice Under Section 143(2) Valid When Sent to PAN Database Address. The Court held that the Assessing Officer's issuance of notice to the address in the PAN database within limitation was sufficient compliance, and the assessee's failure to prove intimation of change of address rendered the assessment order valid.

4 Oct 2019

The Supreme Court allowed the appeal filed by the Principal Commissioner of Income Tax, Mumbai, against the judgment of the Bombay High Court which ha...

High Court

Bombay High Court Dismisses Revenue's Appeal for Lack of Jurisdiction in Income Tax Case. Appeal Against Bangalore ITAT Order Lies Only Before Karnataka High Court Under Section 260A of Income Tax Act, 1961.

26 Feb 2019

The case involves an appeal filed by the Pr. Commissioner of Income Tax -3, Pune (the Revenue) under Section 260A of the Income Tax Act, 1961, challen...

High Court

Bombay High Court Dismisses Revenue's Appeal for Lack of Jurisdiction in Income Tax Case. Appeal against Bangalore Bench of ITAT lies only before Karnataka High Court under Section 260A of Income Tax Act, 1961.

26 Feb 2019

The case involves an appeal filed by the Pr. Commissioner of Income Tax -3, Pune under Section 260A of the Income Tax Act, 1961, challenging an order ...

High Court

Bombay High Court Allows Appeal in Capital Gains Tax Case — Transfer of Property Under Development Agreement Held to Occur in Assessment Year 2001-02, Not 2002-03. The Court ruled that the transfer of possession and part performance under Section 53A of the Transfer of Property Act, 1882 triggered capital gains tax under Section 2(47)(v) of the Income Tax Act, 1961 in the year of the development agreement, reversing the Tribunal's finding.

17 Jan 2018

The case involves two appeals by Dr. Joao Souza Proenca and Ms. Sara Proenca, husband and wife, against a common order of the Income Tax Appellate Tri...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Tribunal Correctly Held Commissioner Not Justified Under Section 263 for Alleged Double Deduction of Excise Duty. Assessing Officer Followed Permissible View and Assessee Did Not Claim Deduction Twice.

16 Jun 2016

The present appeal was filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (I...

High Court

High Court of Karnataka Dismisses Revenue Appeal in TDS Dispute on License Fee — Payment for Use of Hotel Property Held as 'Rent' Under Section 194-I of Income Tax Act, 1961. License fee paid by assessee for use of hotel premises constitutes rent liable for TDS, and failure to deduct attracts consequences under Section 201.

2 Dec 2015

The appeal was filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal (ITAT) ...

High Court

High Court Allows Appeal in Income Tax Case: Consultancy Fees Received Abroad by Non-Resident Not Taxable in India. The court held that the assessee, a non-resident rendering services outside India, was not liable to tax on consultancy fees received abroad under Section 5(2) of the Income Tax Act, 1961.

17 Nov 2015

The appellant-assessee, Sri Salil Punoos, was employed by M/s Best Foods Asia Ltd., Hongkong as Managing Director from 1997. During the relevant perio...

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...

High Court

High Court of Karnataka Dismisses Revenue Appeal in Capital Gains Tax Case — Non-Refundable Deposit for Surrender of Tenancy Rights Held Not Taxable as Capital Gains. The court ruled that the amount received as non-refundable deposit in lieu of surrendering tenancy rights is not chargeable to capital gains tax under the Income Tax Act, 1961.

14 Jul 2015

The appeal was filed by the revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITAT), Ben...

High Court

Bombay High Court Allows Revenue's Appeal in Rental Income Classification Case. Rental income from leasing unsold units of a commercial complex constructed by a real estate developer is assessable as business income, not income from house property.

9 Apr 2015

The case involves multiple appeals filed by the Commissioner of Income Tax against the common order of the Income Tax Appellate Tribunal (ITAT) which ...

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