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Search Results for "income tax appellate tribunal"

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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...

High Court

High Court of Karnataka Dismisses Revenue Appeal in Income Tax Penalty Case — Repayment of Loans in Cash Not Violative of Section 269T Where Loans Were Not Taken by Assessee. The court held that Section 269T applies only to repayment of loans taken by the assessee, not to repayment of advances received from others.

18 Aug 2015

The Revenue appealed against the order of the Income Tax Appellate Tribunal, Bangalore, which had set aside the penalty imposed under Section 271E of ...

High Court

High Court Upholds Quo Warranto Against Elected Adhyaksha of Zilla Panchayat on Ground of Caste Qualification. Court Directs Caste Verification Committee to Expedite Inquiry into Caste Certificate Validity.

4 Dec 2017

These two intra-court appeals arose from the order dated 21.09.2017 passed by a learned Single Judge in W.P. No.106417/2016. The writ petition was fil...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Case — Tribunal Erred in Setting Aside Entire Disallowance When Assessee Withdrew Its Appeal. The disallowance of Rs.14,96,064/- became final upon withdrawal of assessee's appeal and could not be reopened by the Tribunal.

26 Mar 2012

The Revenue appealed against the Income Tax Appellate Tribunal's order dated 9 September 2011 for Assessment Year 2004-05. The Assessee, M/s Jamnadas ...

High Court

Bombay High Court Quashes Reopening of Assessment Under Section 147 for Lack of Fresh Material — Reassessment Based on Same Facts as Original Assessment is Invalid. The Court held that the Assessing Officer cannot reopen an assessment on the same facts and material already considered during the original assessment under Section 143(3) of the Income Tax Act, 1961, as it amounts to a mere change of opinion.

10 Jun 2010

The Petitioner, Indian Oil Corporation Ltd., filed a writ petition challenging the reopening of its assessment for Assessment Year 2002-03 under Secti...

High Court

Bombay High Court Dismisses Assessee’s Appeal on Status of Private Trust as Association of Persons for Disallowance of Interest under Section 40(b) of Income Tax Act. The Court Holds That the Finding That the Trust Was an Association of Persons Is Not Perverse and No Interference under Section 260A is Warranted, as the Assessee Itself Had Consistently Filed as an AOP.

3 Apr 2025

The appeal arose under Section 260A of the Income Tax Act, 1961, from the order of the Income Tax Appellate Tribunal which dismissed the assessee’s ...

High Court

Bombay High Court Allows Writ Petition of Bank Against Income Tax Settlement Commission Order — Interest on Government Securities Accrued But Not Received Held Not Taxable Under Section 5 of Income Tax Act, 1961. The court held that under the mercantile system of accounting, interest on securities accrues only on due dates of payment, not on a day-to-day basis, and thus interest not due as on 31st March 1997 is not taxable in that assessment year.

23 Jun 2023

The petitioner, Indusind Bank Ltd., a private sector bank, filed its return of income for Assessment Year 1997-98 on 1st December 1997, declaring an i...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Notice Issued Beyond Limitation Period. Reopening Based on Non-Escapement of Income as Assessee Had Already Disclosed Full Details During Original Assessment.

23 Jan 2024

The petitioner, Bajaj Energy Limited, a company engaged in energy business, filed its return of income for Assessment Year 2014-15 on 30th November 20...

High Court

Bombay High Court Dismisses Revenue's Appeal in Section 10A Exemption Computation Case — Freight and Insurance Excluded from Total Turnover as They Have No Profit Element. The Court upheld the Tribunal's direction to compute exemption under Section 10A of the Income Tax Act, 1961 after excluding freight and insurance from total turnover, and also upheld other directions regarding PF/ESIC contributions, interest income, and foreign exchange gains.

23 Jun 2010

The Revenue appealed against the order of the Income Tax Appellate Tribunal (ITAT) for Assessment Year 2003-04, raising five questions of law. The fir...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Deduction Case — ITAT Correct in Allowing Deduction Under Section 80IB on Gross Total Income Without Separate Disallowance Under Section 40(a)(ia). The Court held that deduction under Section 80IB(10) is to be computed on the gross total income of the eligible business, and disallowance under Section 40(a)(ia) cannot be made separately from the eligible business income.

11 Sep 2015

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) regarding the computation ...

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