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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Due to Defective Notice Under Section 21 of the E.T. Act. Notice Issued by Commissioner but Signed by Assistant Commissioner Held Incurable Defect, Vitating Proceedings.

The Commissioner of Income Tax filed an appeal under Section 260A of the Income Tax Act, 1961, against an order of the Income Tax Appellate Tribunal (...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred.

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appella...

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Bombay High Court Discharges Respondents in Suo Motu Criminal Contempt for Alleged Willful Disobedience of Court Orders. Court holds that mere breach of undertaking does not constitute criminal contempt unless it scandalizes or lowers authority of court.

The High Court of Bombay initiated suo motu criminal contempt proceedings against respondent no.1 (M.N. Navale, President of Sinhgad Technical Educati...

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Supreme Court Allows Assessee's Appeal, Holding Royalty Payment for Mining Lease is Revenue Expenditure. Yearly royalty of Rs. 96,000 under mining arrangement with Government deductible under Income-tax Act as it relates to raw material obtained, not capital outlay.

This appeal arose from income tax assessment proceedings for the years 1954-55 to 1956-57. The appellant, a registered firm manufacturing lime from li...

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High Court of Gujarat Dismisses Revenue's Appeal in Advertisement Expenses Classification Case. ITAT's finding that advertisement expenses are revenue expenses upheld as per Supreme Court precedent.

The present appeal was filed by the Revenue (DY CIT - C C - 1 BARODA) against the respondent-assessee (RINKI PETROCHEMICALS & IND LTD) challenging the...

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Bombay High Court at Goa Dismisses Petition Challenging Rejection of Land Grant Application Without Auction. Petitioner's claim of arbitrary rejection due to prior complaints not substantiated; court upholds requirement of auction under Communidade rules.

The petitioner, Shri Arvind G. Shirodkar, filed a writ petition before the Bombay High Court at Goa challenging an order dated 09.01.2014 passed by th...

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Bombay High Court Rules in Favor of Insurance Corporation on Deduction of Bad Debt Reserve. Held That Crediting Reserve for Doubtful Debts Constitutes Write-Off Under Section 36(1)(vii) of Income Tax Act, 1961, and Rule 5(a) of First Schedule Does Not Apply.

In this appeal before the Bombay High Court, the assessee, a general insurance corporation, challenged the Income Tax Appellate Tribunal's decision re...

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Supreme Court Dismisses Revenue's Appeal on Carry Forward of Losses Under Income-tax Act, 1922. Loss Sustained by Partner in Dissolved Firm Can Be Set Off Against Profit from Another Firm if Same Business Continued by Assessee.

This appeal by the Commissioner of Income-tax arose from a dispute over the carry forward and set-off of business losses under the Income-tax Act, 192...

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Bombay High Court Allows Writ Petition Challenging Abatement of Settlement Applications Under Section 245HA of Income Tax Act, 1961. Settlement Commission's order set aside as it failed to consider that delay in passing final order was not attributable to the applicant.

The petitioner, Mahesh Gupta, as Karta of Mahesh Gupta HUF, challenged an order dated 11 January 2008 passed by the Income Tax Settlement Commission (...