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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Reopening Based on Same Facts as Original Assessment Without New Tangible Material is Invalid.

The petitioner, Noshir Darabshaw Talati, an individual assessed to income tax for over three decades, filed his return of income for Assessment Year 2...

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Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Plaintiffs Failed to Prove Suit Lands Were Joint Family Property Under Hindu Law.

The case involves a partition suit filed by the descendants of Nama and Maruti against the legal heirs of Tukaram, claiming that 24 agricultural lands...

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Bombay High Court Quashes Reassessment Notices for Lack of Reasonable Belief of Income Escapement — Section 148 Income Tax Act, 1961. Reopening of assessments based on mere change of opinion without tangible material is invalid.

The petitioner, Amar Hotchand Nagpal, a finance and estate broker, challenged three notices dated 23rd September 1997 issued under Section 148 of the ...

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Bombay High Court Sanctions Scheme of Arrangement for Amalgamation of Five Transferor Companies with Unichem Laboratories Limited. Scheme held fair and reasonable under Sections 391-394 of Companies Act, 1956, despite shareholder objection.

The judgment concerns five Company Scheme Petitions filed under Sections 391 to 394 read with Sections 80, 100 to 103 of the Companies Act, 1956, seek...

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Supreme Court Dismisses Assessee's Appeal: Profit from Share Sales Held as Trading Income, Not Capital Gain. Purchase and Quick Resale of Shares with Borrowed Funds and Debiting Interest as Revenue Expenditure Indicated a Well-Planned Scheme to Earn Profits under the Income Tax Act, 1922.

The assessee firm, Juggilal Kamlapat, Kanpur, was engaged in promoting companies and financing sister concerns of the J.K. Group. During the assessmen...

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High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

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High Court of Karnataka Acquits Income Tax Officer in Corruption Case Due to Lack of Corroboration and Unreliable Trap Witnesses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.

The appellant, Smt. K. Chandrika, an Assistant Commissioner of Income Tax, was convicted by the Special Judge for CBI Cases, Bangalore, for offences u...

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Bombay High Court Dismisses Assessee's Appeal in Income Tax Case Upholding Addition of Unexplained Cash Credits Under Section 68. Assessee's Failure to Maintain Books of Account and Provide Confirmations for Loan Amounts Justifies Invocation of Section 68 of Income Tax Act, 1961.

The appeal arose from an order of the Income Tax Appellate Tribunal dated 30-07-2014, which upheld the addition of certain amounts as unexplained cash...