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Search Results for "income tax transfer"

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High Court

High Court of Karnataka Dismisses Writ Petition Seeking Oath-Based Verification of Income Tax Demand. Petitioner's request for respondent to submit claim under oath rejected as not maintainable under Article 226 of Constitution of India.

18 Jul 2019

The petitioner, Prof. P.N. Shetty, filed a writ petition under Article 226 read with Articles 14 and 300A of the Constitution of India, seeking direct...

High Court

Bombay High Court Allows Petition Challenging TPO Order on Share Issuance to Non-Resident AE - Capital Receipt Not Taxable Under Transfer Pricing Provisions. The court held that issuance of equity shares at premium to non-resident Associated Enterprises is a capital account transaction not giving rise to income, and thus outside the scope of Chapter X of the Income Tax Act, 1961, following Vodafone India Services Pvt. Ltd. vs. Union of India.

18 Nov 2014

The petitioner, M/s. Shell India Markets Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging the order dated 3...

High Court

Bombay High Court Allows Appeal in Company Law Dispute Over Share Transfer and Gift Validity. Statutory Register Prevails Over Returns Filed with Registrar of Companies in Case of Conflict.

10 Mar 2005

The present appeal is filed under Section 10-F of the Companies Act, 1956, challenging the order and judgment passed by the Company Law Board. The app...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Cash Receipt Addition Case — Tribunal's Deletion of Unaccounted Cash Receipts Upheld as Findings of Fact Not Perverse. The court held that the Tribunal's findings were based on appreciation of evidence and were not perverse, and no substantial question of law arose.

14 Oct 2020

The case involves two tax appeals filed by the Commissioner of Income Tax, Karnataka (Central), Bangalore, against the respondents Sadiq Sheikh and Sa...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Reopening Based on Change of Opinion Not Permissible. The court held that the Assessing Officer cannot reopen an assessment on the same material already examined in the original assessment under Section 143(3) of the Income Tax Act, 1961.

10 Feb 2023

The petitioner, Bharat Amratlal Shah, challenged a notice dated 31 March 2021 issued under Section 148 read with Section 147 of the Income Tax Act, 19...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Revision Case — Tribunal's Order Not Erroneous or Prejudicial to Revenue. Transfer of Shares for Debt Settlement and Lease Premium Income Treated as Capital Receipts, Not Revenue.

22 Oct 2012

The appeal by the revenue under Section 260A of the Income Tax Act, 1961 challenged the order of the Income Tax Appellate Tribunal (Tribunal) dated 21...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Case — Interest on Borrowings for Argon Gas Plant Held Revenue Expenditure, Payment to Texmaco Allowed as Deferred Revenue Expenditure. Interest of Rs.1,97,91,197/- paid on borrowings for setting up Argon Gas Plant, capitalized in books, held to be revenue expenditure even before plant operation; payment of Rs.7,09,10,000/- to Texmaco allowed as deferred revenue expenditure amortised over 8 years.

2 Jan 2020

The Commissioner of Income Tax appealed against the order of the Income Tax Appellate Tribunal (ITAT) which allowed the respondent-assessee, Zuari Ind...

High Court

Madras High Court Quashes Tax Demand Against Auction Purchaser in TNVAT Recovery Case — Priority of Crown Debt Over Mortgagee's Right. The court held that a bona fide auction purchaser who buys property through a mortgagee's sale under Section 69 of the Transfer of Property Act, 1882 takes the property free of all encumbrances, including subsequent tax demands under Section 24 of the Tamil Nadu Value Added Tax Act, 2006.

21 Jan 2025

The petitioner, D.K. Sadasivam, was the successful purchaser of a property (S.Nos. 7/10, 7/11 and 13/1 in Sigarahalli Village, Pennagaram Taluk, Dharm...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Notice Issued Beyond Six-Year Limit Without Proper Sanction Held Invalid. Reassessment Notice Quashed as Approval Under Section 151 Was Granted by Incompetent Authority and No Failure to Disclose Material Facts Was Established.

13 Feb 2024

The petitioner, Ashok Chaganlal Thakkar, an individual, had invested in parcels of land at Ardhe and Aase in Taluka Karjat, District Raigad. During th...

Tribunals

NCLAT Dismisses Appeal Against Assignment of Debt by Government Authority in CIRP. Assignment of operational debt by a government authority to a private entity is valid under the IBC, and the assignee becomes an operational creditor with voting rights in the CoC.

17 Sep 2025

The appeal was filed by Ellison Oil Field Services Pvt. Ltd. against an order of the NCLT, Mumbai Bench 1 dated 21.08.2024, which dismissed an applica...

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