Search Results for "Long Term Capital Gain"

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Search Results for "Long Term Capital Gain"

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High Court

Bombay High Court Allows Writ Petition Challenging Reassessment Notice and Assessment Order Under Income Tax Act — Set Off of Long-Term Capital Loss Against Long-Term Capital Gain Permitted. The court held that the reassessment notice under Section 148 was based on a change of opinion and the assessment order rejecting set off under Section 70(3) was unsustainable.

8 Mar 2023

The petitioner, Noshir Darabshaw Talati, challenged a notice under Section 148 of the Income Tax Act, 1961 dated 31 March 2021 for Assessment Year 201...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — No Substantial Question of Law Arises. The court held that the ITAT's concurrent findings on the genuineness of share capital transactions and the applicability of Section 68 of the Income Tax Act, 1961, did not give rise to any substantial question of law.

20 Apr 2015

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appella...

High Court

Bombay High Court Examines Constitutional Validity of Section 2(24)(xviii) of Income Tax Act, 1961 — Petitioner Challenges Taxation of Capital Subsidies as Income. The Court considered whether inclusion of subsidies and incentives in the definition of income under Section 2(24)(xviii) violates constitutional provisions and real income theory.

4 Dec 2023

The writ petition arose from a challenge to the constitutional validity of sub-clause (xviii) to Section 2(24) of the Income Tax Act, 1961, inserted b...

High Court

Bombay High Court Allows Revenue's Appeal in Part and Assessee's Appeal on Mortgage Repayment Issue. Repayment of mortgage debt created by the assessee is an expenditure incurred in connection with the transfer of mortgaged asset allowable under Section 48(i) of the Income Tax Act, 1961.

31 Jan 2005

The judgment involves two tax appeals, one by the revenue and one by the assessee, arising from a common issue regarding the allowability of repayment...

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

Bombay High Court Allows Assessee's Appeal in Income Tax Case Regarding Deduction of Mortgage Repayment Under Section 48(i). The court held that repayment of mortgage debt is an expenditure incurred in connection with transfer of mortgaged asset, allowable under Section 48(i) of Income Tax Act, 1961.

31 Jan 2005

The judgment involves two tax appeals, one by the revenue and one by the assessee, arising from a common issue regarding the allowability of mortgage ...

High Court

Bombay High Court Dismisses Revenue Appeals in Transfer Pricing Adjustment Cases — Holds That Arm's Length Price Determination Must Be Based on Reliable Comparable Data and Functional Analysis. The Tribunal's deletion of adjustments was upheld as it correctly applied functional comparability and permissible adjustments under Section 92C of the Income Tax Act, 1961 and Rule 10B of the Income Tax Rules, 1962.

5 Dec 2014

The judgment involves a batch of appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the orders of the Income Tax...

High Court

Bombay High Court Allows Revenue's Appeal in Section 50C Valuation Dispute, Remands Case for Fresh Adjudication. ITAT's Rejection of Valuation Officer's Report without Hearing Violated Audi Alteram Partem Under Income Tax Act.

3 Jul 2013

The dispute arose from an income tax appeal filed by the Revenue against an order of the Income Tax Appellate Tribunal (ITAT) dated 3 July 2009. The a...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Exemption Claim Under Section 54 Not Erroneous as Purchase Was Within One Year Before Transfer

12 Jun 2023

The petitioner, Shriprakash Ramshringar Pandey, was the Managing Director of a company and filed his income tax return for Assessment Year 2012-13 on ...

High Court

Bombay High Court Hears Income Tax Appeal Concerning Deduction Under Section 80IA for Interest Income from Fixed Deposits Linked to Container Terminal Operations. The core legal question centred on whether interest earned on fixed deposits maintained for mandatory crane replacement and disputed tariff amounts constituted profits derived from eligible infrastructure business.

26 Aug 2025

The matter before the High Court of Judicature at Bombay concerned an income tax appeal and a writ petition filed by Gateway Terminals India Pvt. Ltd....

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