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Search Results for "Income Tax recovery"

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High Court

Bombay High Court Directs Immediate Refund of Undisputed Income Tax Refund Under Section 168(1) of Income Tax Act, 1961 — Failure to Release Admitted Refund Despite Reminders Constitutes Arbitrary Action

18 Dec 2023

The petitioner, Group M Media India Private Limited, filed a writ petition before the Bombay High Court alleging failure by the respondents (income ta...

High Court

Bombay High Court Allows Appeal in Income Tax Bad Debt Deduction Case — Tribunal Erred in Rejecting Claim Under Section 36(1)(vii) of Income Tax Act, 1961. The court held that once the assessee writes off a debt as irrecoverable in its books, the condition for deduction is satisfied, and the Assessing Officer cannot substitute his own opinion.

18 Jul 2022

The appellant, M/s. L.K.P. Merchant Financing Ltd., a Public Limited Company registered as a Non-Banking Finance Company engaged in lease finance, fil...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. The court upheld the ITAT's order deleting disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of TDS on roaming and interconnect charges, holding that such payments are not 'fees for technical services' and that the assessee had a bona fide belief that no TDS was deductible.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against the order of the Income Tax ...

High Court

Bombay High Court Quashes Reassessment Notices in Income Tax Case Due to Lack of Reason to Believe — Deemed Dividend Addition Based on Incorrect Facts and Non-Application of Mind. The court held that the Assessing Officer must apply his own mind to tangible material before issuing a notice under Section 148 of the Income Tax Act, 1961, and that reopening on the same facts without new material amounts to a change of opinion.

17 Feb 2022

The petitioners, Pavan Morarka and Rachna Morarka, were shareholders in Shivum Holdings Pvt. Ltd. (Shivum) and P&A Estate Pvt. Ltd. (P&A). During the ...

High Court

Bombay High Court Allows Writ Petition Against Illegal Appropriation Under Kar Vivad Samadhan Scheme — Petitioner Entitled to Benefit of KVSS for A.Y. 1987-88 Despite Prior Deposit Under Court Order. The court held that the appropriation of Rs.3,11,206/- by the Tax Recovery Officer towards tax demand for Assessment Year 1987-88 out of Rs.6,00,000/- deposited under High Court order was illegal, and the petitioner is entitled to benefit of Kar Vivad Samadhan Scheme, 1998 for the tax arrears of A.Y. 1987-88.

26 Jun 2020

The petitioner, M/s. Kuber Builders, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India before the Bo...

High Court

Bombay High Court Allows Revenue Appeal in Anonymous Donations Tax Case — Hundi Collections of Religious-Cum-Charitable Trust Held Taxable Under Section 115BBC(1). The court ruled that a trust registered under Section 80G cannot claim the exception under Section 115BBC(2)(b) for anonymous donations, as Section 80G registration is only for charitable purposes, not religious.

8 Oct 2024

The case involves appeals by the Revenue under Section 260A of the Income-tax Act, 1961, against a common order of the Income-tax Appellate Tribunal (...

Supreme Court

Supreme Court Allows Appeal of Taxpayer Against Non-Processing of Income Tax Returns and Refund Claims. Mandamus Issued to Process Returns Under Section 143(1) Within Four Weeks, Subject to Section 143(1D) and Section 241A of the Income Tax Act, 1961.

1 Jan 2020

The appellant, Vodafone Idea Ltd. (formerly Vodafone Mobile Services Ltd), is a telecommunications company that filed income tax returns for Assessmen...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. The court upheld the ITAT's order deleting disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of TDS on roaming and interconnect charges, holding that such payments are not 'fees for technical services' and that the assessee had a bona fide belief that no TDS was deductible.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax, TDS and Deputy Commissioner of Income Tax, TDS) against the common order o...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. The court upheld the ITAT's order deleting disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of TDS on roaming and interconnect charges, holding that such payments are not 'fees for technical services' and that the assessee had a bona fide belief that no TDS was deductible.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax, TDS and Deputy Commissioner of Income Tax, TDS) against the common order o...

High Court

Bombay High Court Grants Stay on Tax Recovery in Gift of Shares Case Under Section 56(1) of Income Tax Act, 1961. Court allows stay of recovery pending appeal, subject to conditions protecting revenue, without deciding merits of taxability of gift of shares.

25 Mar 2014

The petitioner, M/s. Nerka Chemicals Private Limited, a wholly owned subsidiary of Demuric Holdings Private Limited (DHPL), challenged an order dated ...

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