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High Court

Bombay High Court Directs Refund of Excess Recovery in Income Tax Stay Matter — Petitioner Voluntarily Paid 20% Demand, Revenue Adjusted Refund Beyond Permitted Limit. Adjustment of Refund Against Stayed Demand Violates Instruction No.1914 and Stay Order Dated 17 April 2024.

24 Feb 2025

The petitioner, an individual, filed his return of income for assessment year 2015-2016 on 28 September 2015, declaring income of Rs.56,65,660/-. The ...

High Court

Madras High Court Allows Revenue's Appeal in Part on Replacement of Machinery and Depreciation Issues Under Income Tax Act, 1961. Expenditure on Replacement of Entire Machinery is Capital Expenditure; IFCI Adjustment Not Actual Payment Under Section 43AB; Full Depreciation on Dumpers Requires Evidence of Use.

22 Jan 2025

The appeal was filed by the Commissioner of Income Tax, Madurai, against the order of the Income Tax Appellate Tribunal, Madras 'C' Bench, dated 26.12...

High Court

Bombay High Court Allows Writ Petition Against Illegal Appropriation Under Kar Vivad Samadhan Scheme — Petitioner Entitled to Benefit of KVSS for A.Y. 1987-88 Despite Prior Deposit Under Court Order. The court held that the appropriation of Rs.3,11,206/- by the Tax Recovery Officer towards tax demand for Assessment Year 1987-88 out of Rs.6,00,000/- deposited under High Court order was illegal, and the petitioner is entitled to benefit of Kar Vivad Samadhan Scheme, 1998 for the tax arrears of A.Y. 1987-88.

26 Jun 2020

The petitioner, M/s. Kuber Builders, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India before the Bo...

High Court

Bombay High Court Allows Writ Petitions Challenging Income Tax Reassessment Notices for Lack of Jurisdiction and Non-Application of Mind. The court held that the Assessing Officer failed to form a valid belief of income escaping assessment under Section 147 of the Income Tax Act, 1961, as the reasons recorded were based on borrowed satisfaction and lacked independent application of mind.

17 Oct 2019

The petitioner, Vodafone Idea Limited (successor in interest of Idea Cellular Ltd and erstwhile Vodafone India Ltd), filed two writ petitions challeng...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case on Disallowance Under Section 14A and TP Adjustment on Guarantee Commission. ITAT's Restriction of Disallowance to Rs.1,00,000/- and Deletion of TP Addition Upheld as No Substantial Question of Law Arises.

8 May 2015

The case pertains to an appeal filed by the Commissioner of Income Tax, Mumbai (the revenue) against the order of the Income Tax Appellate Tribunal (I...

High Court

Bombay High Court Allows Bank's Petition for Commission on Guarantees Issued to Court — Canara Bank Entitled to 3% Commission on Guarantees in Favour of Prothonotary and Senior Master. The court held that a bank issuing guarantees at the request of a customer is entitled to commission as per its standard terms, and the Debt Recovery Appellate Tribunal erred in denying such commission.

6 May 2014

The petitioner, Canara Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, filed a wr...

High Court

Bombay High Court Quashes Stay Order in Income Tax Dispute — Directs Fresh Consideration of Stay Application on Merits. Revenue directed to pass a reasoned order on the stay application after hearing the assessee, considering the strong prima facie case and financial hardship.

4 Apr 2013

The petitioner, HDFC Bank Limited, challenged an order dated 18 March 2013 passed by the Assistant Commissioner of Income Tax - 2(3), Mumbai, which di...

High Court

Bombay High Court Allows Reference in Sales Tax Penalty Case — Tribunal Erred in Dismissing Appeal as Not Maintainable. The order levying penalty for the first time by the appellate Deputy Commissioner under Section 9(2A) of the Central Sales Tax Act, 1956 read with Section 36(3)(d) of the Bombay Sales Tax Act, 1959 is an original order under Section 36, and the appeal against it is a second appeal under Section 55 of the Bombay Sales Tax Act, 1959.

25 Feb 2010

The case involves a reference under Section 61 of the Bombay Sales Tax Act, 1959 (BST Act) by the Maharashtra Sales Tax Tribunal. The applicant, M/s S...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of TDS Refund Under Section 264 of Income Tax Act, 1961. Assessee Failed to Establish That Payments to Foreign Collaborator Were Not Royalty Under Section 9(1)(vi) Read with DTAA.

28 Oct 2005

The petitioners, M/s BASF (India) Limited and Mr. P.A. Ramasamy, filed a writ petition challenging the order dated 28th February 2001 passed by the Co...

High Court

Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

21 Jul 2005

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

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