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High Court

Bombay High Court Clarifies Interim Order in License Fee Dispute - Petitioner Seeks Deletion of 'With Interest' Clause. Court Records Submission but Does Not Pass Final Order on Clarification.

15 Apr 2024

This is a clarification application in a pending writ petition before the Bombay High Court. The petitioner, through counsel Mr. Pardiwala, moved the ...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 — Unsigned Notice Invalid and Proceedings Barred by Limitation. The court held that an unsigned notice under Section 148 is not a valid notice and cannot initiate reassessment proceedings beyond the limitation period under Section 149(1)(b).

9 Jan 2023

The petitioner, Prakash Krishnavtar Bhardwaj, a non-resident Indian residing in Dubai, UAE, filed a writ petition under Article 226 of the Constitutio...

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 Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Reasons and Non-Application of Mind. The court held that the Assessing Officer failed to provide recorded reasons to the assessee and did not apply his mind to the fact that the transaction was already disclosed and examined during the original assessment under Section 143(3).

5 Sep 2023

The petitioner, Ashraf Chitalwala, an individual resident of India, filed his original return of income for Assessment Year 2015-16 on 27th September ...

High Court

Bombay High Court Quashes Reassessment Notices in Income Tax Case Due to Lack of Reason to Believe — Deemed Dividend Addition Based on Incorrect Facts and Non-Application of Mind. The court held that the Assessing Officer must apply his own mind to tangible material before issuing a notice under Section 148 of the Income Tax Act, 1961, and that reopening on the same facts without new material amounts to a change of opinion.

17 Feb 2022

The petitioners, Pavan Morarka and Rachna Morarka, were shareholders in Shivum Holdings Pvt. Ltd. (Shivum) and P&A Estate Pvt. Ltd. (P&A). During the ...

High Court

High Court of Bombay Allows Appeal in Part and Enhances Compensation in Motor Accident Claim — Insurance Company Liable for Third-Party Risk Despite Alleged Breach of Policy Conditions. Parents of Deceased Awarded Enhanced Compensation with Interest Under Motor Vehicles Act, 1988.

7 Mar 2022

The case arises from a motor accident claim filed by the parents of Shreyans Udaybabu Shah, who died in a car accident on 23.02.2013. The deceased was...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Case — Depreciation Must Be Computed Before Section 80-IA Deduction. Loan from Shareholder to Company Held Deemed Dividend Under Section 2(22)(e) of Income Tax Act, 1961.

20 Sep 2010

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) regarding the assessment y...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 for Lack of Fresh Material. Reassessment Based on Mere Change of Opinion on Exemption Under Section 10(38) of Income Tax Act, 1961 is Invalid.

1 Dec 2011

The Petitioner, General Insurance Corporation of India, a public sector general insurance company, filed a return of income for Assessment Year 2006-0...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Case Regarding Redemption Fine as Business Expenditure. Redemption fine of Rs. 75,00,000 paid for unauthorized import of almonds held allowable as business expenditure under Section 37 of the Income Tax Act, 1961.

22 Feb 2019

The appeal was filed by the Principal Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which allowed the asses...

High Court

Bombay High Court Dismisses Revenue's Appeal in Gift Tax Case — Gifts Made in Kashmir by Non-Resident Assessee Exempt Under Section 5(1)(ii) of Gift Tax Act, 1957. The Court held that the situs of the gift is where the gift is made, and since the gifts were made in Kashmir, they are exempt as gifts of money made outside India.

2 Aug 2005

The Revenue appealed against the order of the Income Tax Appellate Tribunal which confirmed the Deputy Commissioner of Income Tax (Appeals)'s order ho...

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