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Search Results for "assessee company"

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High Court

Bombay High Court Quashes CERA Audit Notice for Lack of Statutory Basis. Audit of Private Company's Records for Pre-GST and GST Periods Without Invoking Specific Statutory Provision Held Without Jurisdiction.

29 Jan 2021

The petitioner, Kiran Gems Private Limited, a private limited company, filed a writ petition under Articles 226 and 227 of the Constitution of India b...

High Court

Bombay High Court Quashes Order Treating Indian Subsidiary as Agent of Non-Resident Parent for Capital Gains Assessment Due to Limitation Bar. Assessment Proceedings Against Representative Assessee Under Section 163 of Income Tax Act, 1961 Invalid as Notice Issued Beyond Two-Year Period from End of Relevant Assessment Year, Mandated by Section 149(3).

30 Nov 2011

The petitioner, an Indian company formerly part of the Tech Pacific group, was acquired by Ingram Micro Inc. through a share purchase agreement involv...

High Court

Madras High Court Dismisses Revenue's Appeal in Deemed Dividend Case — Advances from Sister Concern for Software Development Held Not Deemed Dividend Under Section 2(22)(e) of Income-Tax Act, 1961. Business Transactions in Ordinary Course Excluded from Deemed Dividend Provisions.

20 Jan 2026

The Revenue filed an appeal under Section 260A of the Income-Tax Act, 1961 against the order of the Income-Tax Appellate Tribunal, Chennai 'C' Bench d...

High Court

Bombay High Court Quashes Reassessment Notice for Lack of Valid Reason to Believe in Income Tax Act Case. Notice under Section 148 of the Income Tax Act, 1961 set aside as the Assessing Officer failed to form an independent opinion and relied on borrowed satisfaction from investigation wing without proper application of mind.

9 Jan 2023

The petitioner, Saurashtra Infra & Power Pvt. Ltd., a company engaged in infrastructure development and running a Container Freight Station, filed its...

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

Bombay High Court Allows Writ Petition Quashing Reopening Notice Under Section 148 Income Tax Act for Assessment Year 2000-01 — Reassessment Based on Change of Opinion Invalid. The court held that the Assessing Officer cannot reopen an assessment beyond four years on the same material already considered during the original assessment under section 143(3) of the Income Tax Act, 1961.

5 Jan 2015

The petitioner, United Shippers Limited, challenged a notice dated 15 March 2007 issued under section 148 of the Income Tax Act, 1961 by the Assistant...

High Court

Bombay High Court Upholds Constitution of Special Bench by ITAT President on CBDT Request in Income Tax Appeal. Power under Section 255(3) of Income Tax Act is Administrative and Not Subject to Prior Hearing or Natural Justice.

10 Aug 2015

The petitioner, M/s Jagati Publications Ltd., a public limited company publishing a Telugu newspaper, filed a writ petition in the Bombay High Court c...

High Court

High Court of Karnataka Adjudicates Writ Petition Challenging Rejection of Nil TDS Certificate Under Section 195(2) of Income Tax Act. Assessment of Whether Reimbursement of Seconded Employees' Salaries Constitutes Fee for Technical Services Under India-US Double Taxation Avoidance Agreement.

24 Jun 2022

The petition impugned the order of the Deputy Commissioner of Income Tax (International Taxation) rejecting the application for a Nil TDS certificate ...

Supreme Court

Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

6 Jan 2022

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

High Court

Bombay High Court Allows Writ Petition Challenging Denial of Interest on Refund Under Section 214 of Income Tax Act, 1961 — Held That Interest Is Mandatory and Must Be Paid on Entire Refund Amount from Date of Payment of Advance Tax.

10 Aug 2005

The petitioner, M/s. Godrej & Boyce Mfg. Co. Ltd., filed a writ petition challenging the order dated 14.6.1988 passed by the Commissioner of Income Ta...

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