Search Results for "Income-tax Act, 1961"

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Search Results for "Income-tax Act, 1961"

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High Court

Bombay High Court Allows Appeal in Income Tax Case — Section 249(4) of Income Tax Act, 1961, is Directory, Not Mandatory. Non-Payment of Self-Assessment Tax at Time of Filing Appeal Does Not Bar Appeal if Tax Paid Before Hearing.

27 Sep 2010

The case involves an appeal by Shri Bharatkumar Sakhsaria against the order of the Income Tax Appellate Tribunal dated 31-10-2001, which held his appe...

High Court

Bombay High Court Sets Aside Final Assessment Order and Remits Matter to DRP Due to Petitioner's Inadvertent Failure to Inform Assessing Officer of Pending Objections, Subject to Costs of Rs.10,000. Procedural Lapse Condoned Where Objections Were Factually Pending Before DRP, Following Sulzer Pumps Precedent.

3 Mar 2025

The petitioner, Zarah Rafique Malik, an individual investor, challenged the final assessment order dated 28 May 2024 passed under Section 143(3) read ...

High Court

Bombay High Court Quashes Reopening of Assessment for UK Insurance Company in Income Tax Case — Lack of Fresh Material and Change of Opinion. Reopening under Section 147 of Income Tax Act, 1961 based on mere change of opinion without new tangible material is invalid.

29 Apr 2010

The petitioner, The Prudential Assurance Company Ltd., a UK-incorporated insurance company registered as a sub-account of a Foreign Institutional Inve...

High Court

Bombay High Court Allows Condonation of Delay in Filing Income Tax Return for Cooperative Bank — CBDT Order Quashed for Non-Application of Mind. The court held that the CBDT must consider the reasons for delay, such as delayed statutory audit and change in management, before rejecting an application under Section 119(2)(b) of the Income Tax Act, 1961.

20 Sep 2010

The petitioner, M/s. Bombay Mercantile Coop Bank Ltd., a multi-state cooperative bank registered under the Multi State Cooperative Society Act, filed ...

High Court

Bombay High Court Allows Writ Petitions Challenging Reassessment Notices Under Section 148 of Income Tax Act, 1961 — Notices Issued Beyond Time Limit and Without Proper Application of Mind Are Invalid. Reassessment notices for AY 2014-15 and 2015-16 quashed as barred by limitation under Section 149, while notice for AY 2016-17 upheld.

16 Feb 2023

The petitioner, Lok Developers, a registered partnership firm, filed three writ petitions challenging reassessment notices issued under Section 148 of...

High Court

Bombay High Court Allows Petition of Cooperative Corporation Against Tax Recovery Under Section 206C. Corporation Held Not a 'Seller' as It Was a Second Seller of Forest Produce Purchased from Tribals.

11 Jan 2017

The petitioner, Maharashtra State Cooperative Tribal Development Corporation Ltd., challenged common orders of the Commissioner of Income Tax and Assi...

High Court

Bombay High Court Allows Assessee's Reference, Holds Interest Income as Business Income in Mining Company's Diversification into Money Lending. Amendment of Memorandum and Articles of Association to include banking and money lending, coupled with actual lending activities, established money lending as a business under Section 28 of Income Tax Act, 1961.

8 Mar 2017

The case involves five Income Tax References filed by M/s Central Provinces Manganese Ore Company Limited, Nagpur, against the Commissioner of Income ...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Mere Change of Opinion Not Sufficient to Reopen Assessment After Four Years. The court held that where the original assessment was completed under Section 143(3) after due inquiry, reopening beyond four years requires failure to disclose material facts, which was not established.

18 Jul 2011

The petitioner, Nihilent Technologies Private Limited, a private limited company engaged in software development, challenged a notice dated 29 March 2...

High Court

Bombay High Court Allows Change in Stock Valuation Method and Grants Export Market Development Allowance for Packing Expenses in Income Tax Reference. The court held that a bona fide change to a more scientific method of stock valuation is permissible, and packing expenses for exports qualify for deduction under Section 35B of the Income Tax Act, 1961.

8 Sep 2016

The case involves an Income Tax Reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal for the opinion of th...

Supreme Court

Supreme Court Dismisses Revenue’s Appeal, Holding Compensation for Partial Termination of Agency is Capital Receipt. Termination of Agency for Territory Outside Hyderabad State Results in Sterilisation of Capital Asset, Not Taxable as Business Income Under Indian Income-tax Act, 1922.

20 Mar 1959

The dispute arose from the income tax assessment of Messrs. Vazir Sultan & Sons, a registered firm, for the assessment year 1951-52. The firm was appo...

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