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Search Results for "income tax appellate tribunal"

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High Court

Bombay High Court Allows Appeal in Capital Gains Tax Case — Transfer of Property Under Development Agreement Held to Occur in Assessment Year 2001-02, Not 2002-03. The Court ruled that the transfer of possession and part performance under Section 53A of the Transfer of Property Act, 1882 triggered capital gains tax under Section 2(47)(v) of the Income Tax Act, 1961 in the year of the development agreement, reversing the Tribunal's finding.

17 Jan 2018

The case involves two appeals by Dr. Joao Souza Proenca and Ms. Sara Proenca, husband and wife, against a common order of the Income Tax Appellate Tri...

High Court

Bombay High Court Upholds Assessee in Tax Refund Interest Dispute: Interest under Section 244A Payable from Date of Tax Payment, Not Central Government Account Credit. Court Clarifies that Payment by Cheque to Authorized Agent Constitutes Payment upon Debit to Assessee's Account, Thus Interest Entire Month of Payment Even if Credited Later.

11 Aug 2011

The appeal before the Bombay High Court arose from a dispute regarding the date from which interest under section 244A of the Income Tax Act, 1961 is ...

High Court

Bombay High Court Dismisses Revenue Appeal in Income Tax Case Due to Non-Compliance with Section 144C Procedure. Tribunal's Order Upheld as Draft Assessment Order Not Served to Assessee, Violating Mandatory Requirement.

16 Jul 2018

The case involves an appeal by the Principal Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal, Panaji, dated 21 Januar...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Exemption Case — Tribunal's Remand Order Upheld. Commissioner's Rejection of Registration Under Section 12AA of Income Tax Act, 1961 Set Aside for Non-Application of Mind.

19 Jul 2018

The Revenue, Commissioner of Income Tax (Exemptions), Davanagere, filed an appeal under Section 260A of the Income Tax Act, 1961, against the order of...

High Court

Bombay High Court Dismisses Appeal in Income Tax Case on Double Deduction Under Sections 80IA and 80HHC. Section 80IA(9) Mandates Reduction of Profits Allowed as Deduction Under Section 80IA(1) While Computing Deduction Under Any Other Provision Under Heading 'C' of Chapter VIA of the Income Tax Act, 1961.

10 Jan 2011

The appellant, Associated Capsules Private Limited, is engaged in the manufacture of Empty Hard Gelatin Capsules and PVDC Capsules. It set up four ind...

High Court

Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

24 Apr 2012

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Case — Prima Facie Adjustment Under Section 143(1)(a) Cannot Include Provision for Doubtful Debt. The ITAT was right in holding that adjustment for provision for doubtful debt is outside the ambit of prima facie adjustment under Section 143(1)(a) of the Income Tax Act, 1961.

28 Jun 2011

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which deleted a prima faci...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Transfer Pricing Case — Assets Received from AE Not Taxable Under Section 28(iv) of Income Tax Act. The court held that assets received from Associated Enterprise without consideration are not taxable as perquisite under Section 28(iv) as they are not in the nature of 'benefit' arising from business or profession.

28 Jul 2025

The Revenue (Pr. Commissioner of Income Tax and Asst. Commissioner of Income Tax) filed an appeal under Section 260A of the Income Tax Act, 1961 again...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Cooperative Credit Society Tax Deduction Case — Society Not a Cooperative Bank Despite Non-Member Transactions. Primary Cooperative Credit Society remains eligible for deduction under Section 80P(2)(a)(i) of Income Tax Act, 1961 even if it accepts deposits from and lends to non-members, as it is not a cooperative bank under Section 5(ccv) of Banking Regulation Act, 1949.

7 May 2021

The case involves four tax appeals filed by the Revenue (Pr. Commissioner of Income Tax, Goa) against the common order of the Income Tax Appellate Tri...

High Court

Bombay High Court Allows Writ Petition Challenging Co-operative Society Recovery Proceedings — Petitioner Not Given Opportunity of Hearing Before Attachment of Property. Recovery under Section 101 of Maharashtra Co-operative Societies Act, 1960 must comply with natural justice; failure to give hearing vitiates attachment order.

13 Jun 2018

The petitioner, Sunil Sitaram Mahajan, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 1st February 20...

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