Search Results for "taxing provision interpretation"

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Search Results for "taxing provision interpretation"

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High Court

Bombay High Court Allows Reference in Favor of Assessee in Sales Tax Case — Supplies Under Works Contract Not Liable to Tax as Sale. The court held that the transaction for designing, engineering, supplying, erection, installation and commissioning of a project was a works contract and not a sale of goods under the Bombay Sales Tax Act, 1959.

20 Dec 2017

The case involves a reference under Section 61 of the Bombay Sales Tax Act, 1959, made by the Maharashtra Sales Tax Tribunal at the instance of M/s. B...

Supreme Court

Supreme Court Upholds Reassessment Notice Against NDTV in Income Tax Case Due to Failure to Disclose Material Facts. The Court held that the revenue had valid reason to believe that income had escaped assessment based on findings of sham transactions with subsidiaries under Section 147 of the Income Tax Act, 1961.

3 Apr 2020

The appellant, New Delhi Television Limited (NDTV), an Indian company, filed a return for assessment year 2008-09 declaring a loss. The return was pro...

High Court

Bombay High Court at Goa Upholds Constitutional Validity of Entry Tax Provisions in Challenge by Importer of Goods. Section 3 of Goa Tax on Entry of Goods Act, 2000 held valid as charging section need not contain measure of tax; machinery and penalty provisions also upheld.

5 Apr 2021

The petitioner, M/s Pernod Ricard India Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition before the High C...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case, Allows Additional Deduction Claim Without Revised Return. Assessee's claim for deduction under Section 43B of Income Tax Act, 1961, though not made in original return, is admissible before appellate authorities.

21 Jun 2012

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) which upheld the assessee's...

Supreme Court

Supreme Court Upholds Assessment of Hindu Deities as Individuals under Income-tax Act. Hindu Idol is Juristic Entity and "Individual" in Section 3 Includes Artificial Juridical Persons.

18 Feb 1969

The case arose from income-tax assessment proceedings concerning the income from properties of two Hindu deities. The Income-tax Officer had initially...

Supreme Court

Supreme Court Considers Challenge to Validity of Central Government Order Prescribing Notional Depreciation for Tax-Exempt Assessees in Merged States. The Order Required Depreciation to be Notionally Computed for Exemption Periods Under Section 6 of the Taxation Laws (Extension to Merged States and Amendment) Act, 1949.

20 Oct 1967

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High Court

Karnataka High Court Division Bench Hears Revenue’s Appeals Against Single Judge’s Order Quashing Section 153C Notices; Weighs Maintainability of Writ Petitions and Natural Justice Concerns.

22 Jan 2024

The present judgment arises from a batch of writ appeals filed by the Revenue against a common order dated 12.08.2022 passed by a Single Judge of the ...

Supreme Court

Supreme Court Allows Deduction Under Section 80IA for Infrastructure Facility Despite Conversion of Firm to Company. The court held that the assessee-company, formed by conversion of a partnership firm, satisfied the condition of having an agreement with the government under Section 80IA(4)(i)(b) of the Income Tax Act, 1961, as the conversion did not create a new entity but a continuation of the same business.

5 Mar 2020

The case involves an appeal by the Commissioner of Income Tax, Udaipur, against the judgment of the Rajasthan High Court which allowed the deduction u...

High Court

Bombay High Court Dismisses Writ Petition Challenging Customs Duty Demand on Re-exported Leased Capital Goods. Petitioner failed to comply with conditions of Notification No. 21/2002-Cus. for duty-free import of capital goods on lease, and re-exported goods without fulfilling export obligation, leading to demand of duty and interest.

7 Jul 2022

The petitioner, Expotec International Ltd., a public limited company engaged in import and export, was awarded a contract by Gas Authority of India Li...

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...

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