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High Court

Bombay High Court Upholds Deduction for Initial Contribution to Superannuation Fund Under Section 37 of Income Tax Act, 1961 — Rules 87 and 88 Held Not to Override Section 36(1)(iv). The court allowed deduction under Section 37 for the entire initial contribution to the superannuation fund in respect of past service liability of employees admitted for the first time.

30 Sep 2005

The case is an income tax reference under Section 256 of the Income Tax Act, 1961, arising from the Income Tax Appellate Tribunal's order. The Commiss...

High Court

Bombay High Court Quashes Reopening Notices Under Section 148 of Income Tax Act for Lack of Reasonable Belief — Mere Change of Opinion Not Sufficient to Reopen Completed Assessments. The court held that the Assessing Officer must have tangible material to form a reasonable belief of income escapement, and reasons recorded must disclose a live link with the alleged escapement.

10 Oct 2005

The petitioner, M/s German Remedies Ltd. (since amalgamated with Cadila Healthcare Ltd.), challenged two notices dated February 18, 2005 issued under ...

High Court

Bombay High Court Allows Petition in Income Tax Assessment Dispute — Intimation Under Section 143(1)(a) Quashed After Section 143(2) Notice. Assessing Officer Cannot Issue Intimation Under Section 143(1)(a) After Issuing Notice for Regular Assessment Under Section 143(2) of the Income Tax Act, 1961.

26 Sep 2005

The petitioners, Spaco Carburettors India Ltd. and Mrs. Meena Jaytinbhai Bhatt, filed a writ petition challenging an intimation issued under Section 1...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Payment to Non-Resident Employees Held as Salary, Not Business Income. Section 28(va) of Income Tax Act, 1961 does not apply to employment-related payments.

10 Jun 2020

The appeal was filed by the revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) dated...

High Court

Bombay High Court Upholds Assessee in Income Tax Reference on Clubbing of Trust Income Under Section 64(1)(vii) of Income Tax Act, 1961. Trust Created Pursuant to Divorce Decree Under Parsi Marriage & Divorce Act, 1936, Constitutes Adequate Consideration, Excluding Income from Clubbing Provisions.

30 Jun 2005

The case pertains to an income tax reference under section 256(1) of the Income Tax Act, 1961, at the instance of the assessee, Behram B. Dubash. The ...

High Court

Bombay High Court Allows Exemption Under Section 10(22) for Interest Income on Surplus Funds of Educational Trust. Interest earned on surplus funds of a school run by a trust is exempt under Section 10(22) of the Income-tax Act, 1961, as it is incidental to educational activities.

29 Jun 2005

The case involves a reference under Section 256(1) of the Income-tax Act, 1961, by the Income Tax Appellate Tribunal at the instance of the assessee, ...

High Court

Bombay High Court Dismisses Revenue's Reference in Income Tax Rectification Case Due to Low Tax Effect. Instructions of CBDT fixing monetary limit for filing references are binding on the Department.

1 Jul 2005

The case involves a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal to the Bombay High Court. The que...

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...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Penalty Case. ITAT's Finding of Reasonable Cause for Non-Payment of Tax Under Section 221(1) of Income Tax Act, 1961, Based on Material Evidence, Not Interfered With.

8 Feb 2005

The Commissioner of Income Tax, Goa, filed two appeals under Section 260A of the Income Tax Act, 1961, against a common order of the Income Tax Appell...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Reopening Case. ITAT's Decision Invalidating Reopening Under Section 147 of Income Tax Act, 1961 Upheld Due to Lack of Reasonable Belief.

14 Feb 2005

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) which held that the reopeni...

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