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Search Results for "Separate assessment"

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High Court

Bombay High Court Quashes Reassessment Order for Lack of Proper Opportunity of Hearing and Non-Communication of Section 151 Approval in Income Tax Reopening Proceedings. The court held that the Assessing Officer failed to grant a personal hearing as directed by the earlier order of the High Court and did not communicate the approval under Section 151 of the Income Tax Act, 1961, rendering the reassessment invalid.

20 Dec 2024

The petitioner, Wavy Construction LLP, challenged an order dated 14 October 2021 rejecting its objections against reopening of assessment under Sectio...

High Court

High Court of Karnataka Quashes Assessment Order in Income Tax Case Due to Violation of Natural Justice — Failure to Provide Opportunity of Being Heard Before Dispute Resolution Panel. The court held that the Dispute Resolution Panel's failure to grant a hearing under Section 144C of the Income Tax Act, 1961, vitiated the assessment order under Section 143(3) of the Act.

24 Apr 2015

The petitioner, M/S Tejas Networks Limited, a company engaged in software development, manufacturing, and trading of networking equipment, filed its r...

High Court

Bombay High Court Allows Writ Petitions Challenging Reassessment Notices Under Income Tax Act — Notices Issued Beyond Six-Year Limitation Period Without Proper Sanction Are Invalid. Reassessment notices for assessment years 2008-09, 2009-10, and 2010-11 quashed as time-barred under Section 149 and for lack of proper sanction under Section 151 of the Income Tax Act, 1961.

13 Aug 2021

The petitioner, Mohandas Isardas Chatlani, filed three writ petitions challenging reassessment notices issued under Section 148 of the Income Tax Act,...

Supreme Court

Supreme Court Upholds Validity of Section 29A of the Insolvency and Bankruptcy Code, 2016, Disqualifying Related Parties of Corporate Debtors from Submitting Resolution Plans. The Court holds that the disqualification under Section 29A(c) applies to persons acting jointly or in concert with a disqualified person, and that the provision is not retrospective in operation.

3 Oct 2024

The Supreme Court of India delivered a landmark judgment on the interpretation and validity of Section 29A of the Insolvency and Bankruptcy Code, 2016...

High Court

Bombay High Court Allows Writ Petition Challenging Reassessment Notice Under Income Tax Act — Notice Issued Beyond Time Limit and Without Proper Sanction Is Invalid. Reassessment notice under Section 148 of Income Tax Act, 1961 quashed as time-barred and sanction under Section 151 not by competent authority.

28 Mar 2024

The petitioner, a foreign company, challenged a reassessment notice issued under Section 148 of the Income Tax Act, 1961 for the assessment year 2016-...

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 ...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 Based on Change of Opinion. Reassessment Notice and Order Quashed as Assessing Officer Had No Fresh Tangible Material to Justify Reopening.

11 Feb 2014

The petitioner, Aroni Commercials Limited, challenged a notice dated 28 March 2013 under Section 148 of the Income Tax Act, 1961 seeking to reopen its...

High Court

High Court of Judicature at Bombay Examines Challenge to Assessment Order Restricting Sales Tax Incentives under Package Scheme of Incentives, 1993. Expansion Unit Seeks Quashing of Order Alleging It Is Without Jurisdiction and Contrary to Scheme Terms.

14 Aug 2018

The petitioner, Mahindra & Mahindra Limited, a company engaged in the manufacture and sale of automobiles and spare parts, filed a writ petition befor...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Mere Change of Opinion Invalid. Reassessment Based on Same Commencement Certificate Date Already Considered in Original Assessment Under Section 143(3) Cannot Be Sustained.

19 Jan 2010

The petitioner, M/s. Mistry Lalji Narsi Development Corporation, a partnership firm engaged in development and construction, challenged a notice issue...

High Court

Bombay High Court Quashes Reassessment Notices Under Section 148 of Income-tax Act for A.Y. 2012-13 Based on Search Action — Held That Section 153C Overrides Section 147 for Search-Related Assessments

18 Feb 2025

The Bombay High Court disposed of a batch of writ petitions challenging notices issued under Section 148 of the Income-tax Act, 1961 for the assessmen...

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