Search Results for "ITAT order"

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Search Results for "ITAT order"

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High Court

Bombay High Court Allows Revenue's Appeal in FII Capital Gains Tax Case — Remands to ITAT for Fresh Consideration of Article 24 DTAA Compliance. Interpretation of Article 24 of India-Singapore DTAA requires examination of whether capital gains were subject to tax in Singapore on receipt basis.

21 Jun 2023

The case involves an appeal by the Commissioner of Income Tax (IT) - 2 against an order of the Income Tax Appellate Tribunal (ITAT) dated 24 March 201...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Revision Case — CIT Cannot Travel Beyond Show-Cause Notice Under Section 263 Without Providing Opportunity. ITAT's finding that CIT cannot revise on an issue not mentioned in the show-cause notice upheld, distinguishing Supreme Court's Amitabh Bachchan ruling.

19 Apr 2022

The case involves an appeal by the Pr. Commissioner of Income Tax - 16 against the order of the Income Tax Appellate Tribunal (ITAT) dated 27th April ...

Supreme Court

Supreme Court Dismisses Revenue's Appeal in Income Tax Case on Interest Liability for Advance Tax Shortfall Due to Non-Deduction at Source. Court held that assessee not liable for interest under Section 234B of Income-tax Act, 1961, when payer fails to deduct tax at source, as advance tax conditions not met and Section 201 provides recovery from payer.

17 Sep 2021

The dispute arose from the liability of an assessee to pay interest under Section 234B of the Income-tax Act, 1961, for short payment of advance tax, ...

High Court

High Court of Bombay at Goa Allows Assessee's Appeals and Dismisses Revenue's Appeals in Tax Deduction Case Under Section 80IB(10) of Income Tax Act, 1961. The Court held that prior to 1 April 2010, there was no bar on adjacent units being sold to members of the same family, and the ITAT was justified in allowing deduction.

26 Nov 2020

The case involves cross-appeals by the assessee (Devashri Nirman LLP) and the Revenue (Principal Commissioner of Income Tax) against the order of the ...

Supreme Court

Supreme Court Dismisses Assessee in Income Tax Appeal Over TDS Disallowance. Disallowance of Rs. 57,11,625 upheld under Section 40(a)(ia) of Income Tax Act, 1961 as assessee failed to deduct tax at source on payments exceeding Rs. 20,000 per goods receipt to truck operators under Section 194C.

29 Jul 2020

The dispute arose from an income tax assessment for the year 2005-2006 involving Shree Choudhary Transport Company, a partnership firm engaged in tran...

High Court

Bombay High Court Allows Revenue's Appeal in Transfer Pricing Case Due to Non-Application of Mind by ITAT. Tribunal's order set aside for failing to consider the TPO's detailed analysis and rejecting comparables without proper reasoning under Section 92C of the Income Tax Act, 1961.

27 Feb 2020

The appeal was filed by the Pr. Commissioner of Income Tax - 6 under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appe...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Reassessment Case — Reopening Based on Change of Opinion Invalid. ITAT Correctly Held That Reassessment Under Section 147 Was Not Justified as There Was No Failure to Disclose Material Facts.

31 Jul 2019

The case involves a tax appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which upheld the cancel...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case on Deduction Under Section 80HHC and Disallowance Under Section 40(a)(i). The Court upheld ITAT's findings that interest income from business funds is business income, professional service receipts are not excluded under clause (baa), and Section 172 overrides Section 40(a)(i) for shipping income.

20 Jul 2019

The Commissioner of Income Tax appealed against the order of the Income Tax Appellate Tribunal (ITAT) concerning the assessment of V.S. Dempo & Co. Pv...

High Court

Bombay High Court Dismisses Revenue's Appeal in HDFC Bank Tax Case — Upholds ITAT's Decision on Section 14A Disallowance, Broken Period Interest, and Diminution in Value of Investments. The Court held that investments in tax-free securities were made from the assessee's own funds, broken period interest is allowable as a deduction, and amortization of premium on investments held to maturity is permissible as per RBI guidelines.

23 Jul 2014

The case involves an appeal filed by the Commissioner of Income Tax-2 under section 260A of the Income Tax Act, 1961, challenging an order of the Inco...

High Court

Bombay High Court Allows Revenue Appeal in Capital Gains Tax Case — Land Sold by Non-Resident Indians Held Not Agricultural Land. Land Adjacent to Five-Star Hotels with Barren Nature and High Sale Price Indicates Non-Agricultural Character Under Section 2(14) of Income Tax Act, 1961.

23 Mar 2005

The case involves two appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribu...

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