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Search Results for "income tax recovery"

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Supreme Court

Supreme Court Allows Patna Municipal Corporation's Appeal in Advertisement Royalty Dispute — Distinguishes Royalty from Tax and Upholds Corporation's Power to Charge Royalty Based on Agreement. The Court held that royalty is a contractual consideration, not a tax, and does not require legislative sanction under Article 265 of the Constitution.

17 Oct 2024

The Supreme Court dealt with appeals by the Patna Municipal Corporation against a Division Bench judgment of the Patna High Court which had held that ...

Supreme Court

Supreme Court Upholds Assessee in Income Tax Act Case Due to Arbitrary Stay Provision. The Third Proviso to Section 254(2A) of the Income Tax Act, 1961, Was Struck Down as It Automatically Vacated Stay Orders After 365 Days Without Considering Assessee's Responsibility for Delay, Violating Article 14 of the Constitution of India.

6 Apr 2021

The Supreme Court of India addressed a batch of civil appeals concerning the constitutional validity of the third proviso to Section 254(2A) of the In...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

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 Allows Writ Petition of Tendu Leaves Contractors Association for Exemption from TCS under Section 206C(1A) of Income Tax Act, 1961. Contractors engaged in trading of forest produce are not liable to tax collection at source as they are not 'buyers' under the provision.

19 Sep 2019

The petitioner, Gondia Beedi Leaves Contractors Association, representing contractors of Tendu leaves (a forest produce), filed a writ petition before...

High Court

Bombay High Court Allows Challenge to Property Tax Demands on Mobile Towers in Part. Conservancy Tax, Penalty, and Shasti on Illegal Constructions Quashed as Invalid Under Maharashtra Municipal Corporations Act.

18 Apr 2017

The petitioners, Chennai Network Infrastructure Ltd. and another, carry on business of providing infrastructure services including installation and ma...

High Court

High Court of Karnataka Dismisses Revenue Appeal in TDS Dispute on License Fee — Payment for Use of Hotel Property Held as 'Rent' Under Section 194-I of Income Tax Act, 1961. License fee paid by assessee for use of hotel premises constitutes rent liable for TDS, and failure to deduct attracts consequences under Section 201.

2 Dec 2015

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

High Court

Bombay High Court Dismisses Revenue's Appeal in International Taxation Case on Accrual of Interest and Tax Treaty Interpretation. Interest on Government Securities Held by Cyprus-Based Bank Does Not Accrue on Last Day of Financial Year When Not Due; Sale of Securities Constitutes Business Profits Under Article 14 of India-Cyprus DTAA.

9 Jul 2012

The case involves an appeal by the Director of Income Tax (International Taxation) against an order of the Income Tax Appellate Tribunal (ITAT) which ...

High Court

Bombay High Court Dismisses Petition Challenging Search Warrant Under Section 132 of Income Tax Act, 1961 — No Violation of Natural Justice as Assessee Was Heard Before Assessment Orders Were Passed.

2 Apr 2012

The petitioner, Hemendra Ranchhoddas Merchant, an erstwhile partner of a dissolved firm and now proprietor of M/s. Sriram Warehousing Corporation, fil...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Recovery Officer's Confirmation of Private Sale. Court Holds That Once Sale Is Confirmed and Possession Delivered, Remedy Lies in Civil Suit for Damages, Not in Writ Jurisdiction Under Articles 226 and 227 of Constitution of India.

29 Nov 2011

The petitioners, Shaikh Gulab Shaikh Ahmed and Ambadas Maruti Kale, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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