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High Court

Bombay High Court Allows Writ Petition Quashing Reopening Notice Under Section 148 Income Tax Act for Assessment Year 2000-01 — Reassessment Based on Change of Opinion Invalid. The court held that the Assessing Officer cannot reopen an assessment beyond four years on the same material already considered during the original assessment under section 143(3) of the Income Tax Act, 1961.

5 Jan 2015

The petitioner, United Shippers Limited, challenged a notice dated 15 March 2007 issued under section 148 of the Income Tax Act, 1961 by the Assistant...

High Court

Bombay High Court Allows Revision Petition Under Section 264 of Income Tax Act Despite Retrospective Amendment After Assessment Order. Commissioner Must Consider Retrospective Amendment as Law Deemed to Exist on Date of Assessment Order.

22 Dec 2014

The petitioner, Kalpesh M. Nagda, filed his return of income for Assessment Year 2003-2004 on 25 November 2003, declaring total income of Rs.48,22,312...

High Court

Bombay High Court Allows Revenue's Appeal on Employees' Contribution Deduction in Income Tax Case. Employees' contribution to PF/ESI/pension fund is deductible under Section 36(1)(va) only if paid before due date, not under Section 43B.

14 Oct 2014

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

High Court

Bombay High Court Dismisses Revenue's Appeals in LIC Housing Finance Ltd. Tax Case — Tribunal's Order Quashing Revision Under Section 263 Upheld. Two Views Possible on Applicability of Section 36(1)(viii) Read with Section 41(4A) of Income Tax Act, 1961.

12 Sep 2014

The Revenue filed four appeals under Section 260A of the Income Tax Act, 1961 against a common order of the Income Tax Appellate Tribunal (ITAT) dated...

High Court

High Court of Bombay Dismisses Revenue's Appeal in Cooperative Sugar Factory Case — Disallowance of Interest on Borrowed Capital Not Justified When Own Funds Exceed Investment. Section 36(1)(iii) of Income Tax Act, 1961 does not permit disallowance of interest on borrowed capital if assessee's own interest-free funds are sufficient to cover the investment.

5 Sep 2014

The Commissioner of Income Tax, Aurangabad, filed an appeal under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appell...

High Court

Bombay High Court Dismisses Revenue's Appeal in Notional Loss Claim on Securities Reclassification. Tribunal's order allowing deduction of notional loss on transfer of securities from 'Available for Sale' to 'Held to Maturity' based on RBI guidelines upheld.

10 Jul 2014

The case involves an appeal by the Commissioner of Income Tax-2 against an order of the Income Tax Appellate Tribunal (ITAT) dated 15 July 2011. The I...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Against HDFC Bank Ltd. — Substantial Question of Law Identical to Previously Decided Appeal.

23 Jul 2014

The Commissioner of Income Tax-2, Mumbai appealed against HDFC Bank Ltd. under the Income Tax Act, 1961. The parties agreed that the substantial quest...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Following Precedent. Substantial Question of Law Identical to Earlier Appeal Decided Against Revenue.

23 Jul 2014

The Commissioner of Income Tax-2, Mumbai, appealed against HDFC Bank Ltd. under the Income Tax Act, 1961. The appeal was heard by a Division Bench of ...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Delayed PF Contributions and Bond Registration Charges. Tribunal's reliance on CIT v. Alom Extrusion Ltd. for allowing deduction of employees' PF contributions paid within grace period upheld, and bond registration charges held allowable under Section 37(1) of Income Tax Act, 1961.

11 Jul 2014

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

High Court

Bombay High Court Quashes ITAT's Interim Refund Order in Pending Appeal — Tribunal Cannot Direct Refund Without Adjudicating Merits Under Income Tax Act, 1961. The court held that the Income Tax Appellate Tribunal lacks jurisdiction to grant interim relief without hearing the main appeal, as it would render the appeal infructuous and cause prejudice to the revenue.

4 Feb 2014

The Director of Income Tax (Exemption), Mumbai, filed a writ petition challenging an order dated 25 November 2013 passed by the Income Tax Appellate T...

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