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Supreme Court

Supreme Court Allows Municipal Corporation's Appeal in Enemy Property Tax Exemption Case — Property Tax Levyable on Lessee Despite Union Ownership. Article 285(2) of Constitution Enables Municipal Corporation to Impose Property Tax on Lessee of Union Property Even if Union Itself is Exempt Under Article 285(1).

22 Feb 2024

The present civil appeal arises from a judgment of the Allahabad High Court which allowed a writ petition filed by the respondent-assessee, holding th...

High Court

Bombay High Court Quashes Service Tax Demand Against Advocate for Lack of Jurisdiction and Violation of Natural Justice. Deputy Commissioner lacked territorial jurisdiction to adjudicate service tax liability of an advocate practicing in Mumbai, and the order was passed without proper notice or opportunity of hearing.

24 Jan 2024

The Petitioner, an advocate practicing in the Bombay High Court, challenged an Order-in-Original dated 26 October 2023 passed by the Deputy Commission...

Supreme Court

Supreme Court Upholds High Court's Decision Allowing Rectification of GST Returns in Error Period. The Court affirmed that circulars restricting rectification of Form GSTR-3B to net basis adjustments are inconsistent with GST laws and that rectification must be permitted in the period of error occurrence under the Central Goods and Services Tax Act, 2017.

28 Oct 2021

The appeal arose from a judgment of the High Court of Delhi dated 05.05.2020 in W.P. (C) No. 6345 of 2018, which allowed a writ petition filed by Bhar...

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 of Karnataka Dismisses Revenue Appeal in Capital Gains Tax Case — Non-Refundable Deposit for Surrender of Tenancy Rights Held Not Taxable as Capital Gains. The court ruled that the amount received as non-refundable deposit in lieu of surrendering tenancy rights is not chargeable to capital gains tax under the Income Tax Act, 1961.

14 Jul 2015

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

High Court

High Court of Karnataka Upholds Property Tax Classification for Marriage Halls in BBMP Rules 2009 — Rule 3(v) Not Ultra Vires or Discriminatory. The court held that classification of marriage/community halls as a separate category for property tax under the Karnataka Municipal Corporations Act, 1976 is reasonable and not violative of Article 14 of the Constitution.

24 Oct 2013

This batch of writ petitions challenged the validity of Rule 3(v) of the Bruhat Bangalore Mahanagara Palike (BBMP) Property Tax Rules, 2009, which cla...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation Due to Error in Dependency Calculation. Gross Salary Must Be Considered for Computing Loss of Dependency Under Motor Vehicles Act, 1988, Not Take-Home Salary.

22 Nov 2012

This appeal arises from a judgment and award dated 4.8.2008 passed by the Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No.35/2005, whereby the ...

High Court

Bombay High Court Dismisses Revenue Appeal in Raymond Ltd. Tax Case — Multiple Disallowances Deleted by ITAT Upheld. Pre-operative expenses, technical know-how payments, debenture issue costs, and lease rent deductions allowed as revenue expenditure under Income Tax Act, 1961.

21 Mar 2012

The Commissioner of Income Tax-2, Mumbai (Revenue) appealed against the decision of the Income Tax Appellate Tribunal (ITAT) dated 22 March 2007 for A...

High Court

Bombay High Court Allows Revenue Appeal in Income Tax Case — Padma Vilas Palace Held to Be a Building Used as a Hotel. The Court ruled that the structure was a hotel building under Section 2(11) of the Income Tax Act, 1961, and thus the assessee was not entitled to set off under Section 50(2) for reinvestment in office premises.

31 Mar 2010

The appeal by the Revenue challenged the Income Tax Appellate Tribunal's order dated 6th March 2009, which held that Padma Vilas Palace was not a buil...

High Court

Bombay High Court Allows Petition Challenging Reopening of Assessment in Income Tax Case Due to Lack of Fresh Material. Notice under Section 148 issued beyond four years quashed as there was no failure to disclose material facts and the reasons constituted a change of opinion.

4 Mar 2010

The petitioner, Anil Radhakrishna Wani, a solicitor and advocate, was a partner of Little & Company and retired on 30 September 2002. Upon retirement,...

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