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Search Results for "ITAT order"

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High Court

Bombay High Court Allows Writ Petition Against Unlawful Adjustment of Income Tax Refund Without Prior Intimation Under Section 245 of the Income Tax Act, 1961. The court held that adjustment of refund without prior intimation is illegal and directed refund with interest.

27 Jun 2023

The petitioner, Bharat Petroleum Corporation Limited, a public sector undertaking, filed a writ petition under Article 226 of the Constitution before ...

High Court

Bombay High Court Dismisses Revenue's Appeal in Transfer Pricing Case, Upholds Tribunal's Selection of Comparables. The Court held that the Tribunal's exclusion and inclusion of comparables based on functional analysis was correct and did not give rise to a substantial question of law under Section 260A of the Income Tax Act, 1961.

12 Sep 2022

The appeal was filed by the Pr. Commissioner of Income Tax-3 under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appel...

High Court

Bombay High Court Dismisses Revenue's Appeal in Cooperative Sugar Factory Tax Case — Payments for Sugarcane Purchase Price Not Disallowable Under Section 40A(2). The Tribunal's finding that payments made by a cooperative society to its members/non-members for sugarcane purchase price in excess of State advised price were not excessive or unreasonable within Section 40A(2) and Section 37(1) of the Income Tax Act, 1961 was upheld.

21 Dec 2017

The case involves an appeal filed by the Commissioner of Income Tax (Revenue) against the order of the Income Tax Appellate Tribunal (ITAT) which had ...

High Court

High Court Allows Amalgamated Company's Claim for Unabsorbed Depreciation of Sick Company Under Section 32(2) of Income Tax Act, 1961. The court held that unabsorbed depreciation of amalgamating company is deemed to be depreciation of amalgamated company under Section 32(6) and can be carried forward irrespective of whether amalgamating company filed returns.

7 Sep 2017

The case involves two income tax appeals filed by M/s. Ballarpur Industries Ltd. (BILT) against the Commissioner of Income Tax, Vidarbha, Nagpur, conc...

High Court

High Court of Karnataka Dismisses Revenue Appeal in Income Tax Block Assessment Case — Export of Exhibition Rights Not Undisclosed Income. Amount declared in belated regular return for AY 1994-95 does not constitute undisclosed income under Section 158B(b) of the Income Tax Act, 1961.

4 Aug 2015

The appeal was filed by the Revenue under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) date...

High Court

Bombay High Court Dismisses Revenue Appeal in Income Tax Exemption Case for Charitable Trust. Tribunal's grant of exemption under Sections 10(33) and 10(38) for dividend and capital gains income of trust upheld as income not chargeable to tax.

1 Apr 2015

The case involved an appeal by the Director of Income Tax (Exemptions) against an order of the Income Tax Appellate Tribunal (ITAT) dated 14th Novembe...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Classification Dispute. Rental Income from Property Held as Stock-in-Trade is Business Income, Not Income from House Property Under Section 22 of Income Tax Act, 1961.

21 Aug 2012

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which held that the rent a...

High Court

Bombay High Court Dismisses Revenue's Application Under Section 256(2) of Income Tax Act, 1961 — Co-operative Bank's Interest on Government Securities Held Eligible for Deduction Under Section 80P(2)(a)(i). The Court upheld the Tribunal's finding that interest income from securities forming part of statutory reserve fund is attributable to the business of banking and qualifies for deduction.

16 Aug 2005

The Commissioner of Income Tax, Mumbai City III, filed an application under section 256(2) of the Income Tax Act, 1961, seeking a reference to the Hig...

High Court

Bombay High Court Dismisses Revenue's Application in Co-operative Bank Deduction Case — Reassessment Notice Under Section 148 Held Invalid Due to Lack of Reasonable Belief. The court upheld the Tribunal's finding that the notice was based on a change of opinion and not on fresh material, thus no question of law arose.

16 Aug 2005

The Commissioner of Income Tax, Mumbai City III, filed an application under section 256(2) of the Income Tax Act, 1961, seeking a reference to the Hig...

High Court

Bombay High Court Dismisses Revenue's Application in Income Tax Reference — Reassessment Notice Barred by Limitation and Deduction Under Section 80P(2)(a)(i) for Interest on Government Securities Held Against Statutory Reserve Fund by Co-operative Bank is Allowable. The court upheld the Tribunal's finding that the reassessment proceedings initiated under section 148 were time-barred and that the interest income on Government securities is eligible for deduction under section 80P(2)(a)(i) of the Income Tax Act, 1961.

16 Aug 2005

The Commissioner of Income Tax, Mumbai City III, filed an application under section 256(2) of the Income Tax Act, 1961, seeking a reference to the Hig...

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