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Search Results for "income tax appellate tribunal"

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High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Tax Evasion Case — Transaction of Share Transfer Held Genuine, Not a Colourable Device. The court upheld the ITAT's finding that the sale of shares of group companies at a low price and sale of shares of Mackhinon & Mackenzie Co. Ltd. at a high price were genuine transactions, and the resultant set-off of long-term capital loss against short-term capital gains was permissible under the Income Tax Act, 1961.

23 Oct 2013

The case pertains to an appeal filed by the Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, against the order of the Income...

High Court

Bombay High Court Dismisses Revenue's Appeals in Royalty and Advance Tax Case — Payments for Equipment and Spare Parts Not Taxable as Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. No Advance Tax Liability When Entire Income Subject to TDS.

16 Jun 2014

The Revenue filed five appeals under section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal (ITAT), Mumb...

High Court

Bombay High Court Quashes Income Tax Prosecution Due to Non-Recovery of Tax Demand. Death of Principal Accused and Dissolution of Firm Render Prosecution Under Sections 276C and 277 of Income Tax Act, 1961 Unsustainable.

11 Feb 2010

The applicants filed two criminal applications under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of RCC No.194/2004 and RCC No....

High Court

Bombay High Court Allows Writ Petition Challenging Revisional Order Under Section 57 of Bombay Sales Tax Act — Refund of Tax on Gas Hot Plates Upheld as Exempted Goods Under Entry 164[1][v]. The court held that the Assistant Commissioner erred in revising the refund order without properly considering the exemption notification, and the petitioner was entitled to refund of tax paid on exempted goods.

6 Jun 2006

The petitioner, M/s. Shiv Shyam Sales Enterprises, a partnership firm dealing in gas hot plates as importer and retailer, filed a writ petition under ...

High Court

Karnataka High Court Allows Appeal in Income Tax Case on Capital Gains Liability of Firm on Partner's Retirement. Full Bench resolves conflict under Section 45(4) of Income Tax Act, 1961 regarding liability when retiring partner receives only money for his share without distribution of assets.

16 Sep 2013

The case involves an appeal under Section 260-A of the Income Tax Act, 1961, arising from an order dated 02.03.2006 in ITA No.1295/BANG/2004 for the a...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — No Substantial Question of Law Arises from Tribunal's Order Allowing Deduction Under Section 54F of Income Tax Act, 1961. The court upheld the Tribunal's concurrent findings that the assessee had constructed a residential house within the prescribed period under Section 54F, and the Revenue failed to raise any substantial question of law.

2 Jul 2018

The Revenue (Pr. Commissioner of Income Tax-4 and Income Tax Officer) filed an appeal under Section 260A of the Income Tax Act, 1961, against the orde...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case, Allows Deduction Under Section 80IB(10) on Undisclosed Income. Deduction under Section 80IB(10) is allowable on undisclosed income computed under Section 69A, and a fresh claim can be raised before appellate authorities even if not made in the return.

27 Jul 2012

The appeal by the revenue under Section 260A of the Income Tax Act, 1961 challenged the order of the Income Tax Appellate Tribunal dated 12/10/2009 re...

High Court

Bombay High Court Dismisses Revenue Appeals Against Deletion of Additions for Solvency Margin and Jeevan Suraksha Fund Loss in Assessment of Life Insurance Corporation. The Court Holds That Provision for Solvency Margin Made as per IRDA Directions is an Ascertained Liability and that Loss from Pension Fund Remains Deductible Under Section 44 Despite Exemption of Income Under Section 10(23AAB).

2 Aug 2011

The appeals arose from the assessment of Life Insurance Corporation of India under the Income Tax Act, 1961. The assessee, a life insurer, had in its ...

High Court

Bombay High Court Upholds Tribunal's Deletion of Penalty in Sales Tax Case — Revenue Must Prove Gross Neglect. The onus lies on the revenue to establish gross or willful neglect under Explanation I to Section 36(2)(c) of Bombay Sales Tax Act, 1959, and the Tribunal correctly deleted the penalty relying on Indoswe Engineers (P) Ltd.

26 Feb 2015

The case is a Sales Tax Reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from a dispute between the Commissioner of Sales Tax, Ma...

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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