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Search Results for "reassessment proceedings"

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High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Failure to Disclose Material Facts. Reassessment After Four Years Invalid as Assessee Had Made Full Disclosure During Original Assessment Under Section 143(3).

24 Jan 2022

The petitioner, Glaxosmithkline Pharmaceuticals Ltd., challenged a notice dated 28 March 2019 issued under Section 148 of the Income Tax Act, 1961 for...

High Court

Bombay High Court Quashes Reopening of Assessment Under Section 147 of Income Tax Act, 1961 for Lack of Failure to Disclose Material Facts. Assessee's claim for deduction under Section 80HHC for export of trading goods was based on full disclosure in return and audit report, and reopening beyond four years without fresh tangible material was invalid.

25 Jun 2010

The petitioner, Prashant Projects Limited, challenged the reopening of its assessment for assessment year 2002-2003 under Section 147 of the Income Ta...

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

High Court of Karnataka Allows Assessee's Appeal in VAT Case — Revisional Authority's Order Set Aside for Lack of Proper Application of Mind. The Court held that the revisional authority under Section 64(1) of the Karnataka Value Added Tax Act, 2003 cannot set aside a first appellate order without recording a finding that the order is erroneous and prejudicial to the interests of revenue.

26 Jun 2018

The appellant, M/s Dhammanagi Property Developers, a partnership firm, filed Sales Tax Appeals under Section 66(1) of the Karnataka Value Added Tax Ac...

High Court

Bombay High Court Hears Writ Petition Challenging Eviction Order Under Section 95A of Maharashtra Housing and Area Development Act, 1976 in Cooperative Society Redevelopment Scheme. Petitioners, Tenement Owners, Opposed Redevelopment by Developer Appointed by Majority of Society Members and Sought Quashing of Eviction Order and Declaration that Scheme Is Illegal.

24 Apr 2012

The petitioners, eight members and owners of tenements in Chitranjan Nagar Vidya Cooperative Housing Society Limited, Rajawadi, Ghatkopar (East), Mumb...

Supreme Court

Supreme Court Upholds International Arbitral Award in Coal Supply Dispute — Damages Awarded for Breach of Contract. Division Bench of Delhi High Court Erred in Setting Aside Majority Award Under Section 37 of Arbitration and Conciliation Act, 1996 as Findings Were Plausible and Not Perverse.

17 Dec 2020

The Supreme Court of India heard an appeal against a Division Bench judgment of the Delhi High Court that had set aside a majority international arbit...

High Court

Bombay High Court Quashes Section 179 Order Against Director for Company Tax Dues — Holds Revenue Failed to Prove Lack of Diligence or Recovery from Company. Petitioner not liable as director under Section 179 of Income Tax Act, 1961 for taxes of Kaizen Automation Pvt. Ltd. for AY 2008-09 and 2009-10 because Revenue did not establish that tax could not be recovered from the company despite reasonable efforts.

12 Jun 2023

The petitioner, Prakash B. Kamat, a mechanical engineer, developed a smart card-based ticketing solution and incorporated Kaizen Automation Pvt. Ltd. ...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Quashes Notice as Barred by Limitation and Lacking Fresh Material. Reopening beyond four years requires failure to disclose material facts, and reopening on same material as original assessment is impermissible change of opinion.

10 Nov 2023

The petitioner, DCW Limited, challenged a notice dated 30th June 2021 issued under Section 148 of the Income Tax Act, 1961 seeking to reopen its asses...

High Court

Bombay High Court Allows Appeal in Income Tax Bad Debt Deduction Case — Tribunal Erred in Rejecting Claim Under Section 36(1)(vii) of Income Tax Act, 1961. The court held that once the assessee writes off a debt as irrecoverable in its books, the condition for deduction is satisfied, and the Assessing Officer cannot substitute his own opinion.

18 Jul 2022

The appellant, M/s. L.K.P. Merchant Financing Ltd., a Public Limited Company registered as a Non-Banking Finance Company engaged in lease finance, fil...

High Court

Bombay High Court Quashes Reopening Notice in Income Tax Case for Lack of Full and True Disclosure — Reassessment Beyond Four Years Invalid Without Failure to Disclose Material Facts. The court held that the proviso to Section 147 of the Income Tax Act, 1961 requires a failure to disclose fully and truly all material facts for reopening beyond four years, and mere change of opinion is insufficient.

18 Jun 2010

The petitioner, M/s. Hindustan Petroleum Corporation Limited, a public sector oil company, filed a writ petition challenging a notice dated 23 March 2...

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