Search Results for "excess deduction"

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Search Results for "excess deduction"

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High Court

High Court Quashes Tax Refund Adjustment Order for Violation of Settlement Scheme and Natural Justice. Adjustment of refund for one tax period against demand for another under proviso to Section 50(1) of Maharashtra Value Added Tax Act, 2002 held invalid when petitioner had applied under Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fees Act, 2023 and no defect notice was issued.

12 Mar 2026

The dispute involved a proprietorship concern registered under the Maharashtra Value Added Tax Act, 2002 challenging a settlement order dated 18 April...

Supreme Court

Supreme Court Upholds Validity of Explanations to Rule 38 of MCR, 2016 and Rule 45(8)(a) of MCDR, 2017 — Royalty Computation on Gross Sale Value Without Deduction of Royalty, DMF, and NMET Contributions is Valid. The Court held that royalty is a tax and not a contractual consideration, and the impugned explanations do not violate Article 14 or Article 265 of the Constitution.

15 Nov 2024

The petitioners, Kirloskar Ferrous Industries Limited and another, filed a writ petition under Article 32 of the Constitution challenging the validity...

High Court

High Court of Bombay at Goa Allows Writ Petition on Interest on Refund Under Goa VAT Act — Interest Payable from Date of Assessment Order Determining Refund. Section 33(2) of the Goa Value Added Tax Act, 2005 mandates interest from the date the amount became refundable, which is the date of the assessment order, not the date of actual refund.

16 Oct 2019

The petitioner, United Spirits Ltd. (formerly McDowell and Co. Ltd.), a registered dealer under the Goa Value Added Tax Act, 2005, filed returns for t...

High Court

Bombay High Court Allows Assessee's Appeal on Proportional Increase of Advertisement Limit and Deductibility of Statutory Fund Transfer. Holds that Section 37(3A) limit must be proportionately increased for extended previous year and transfer to statutory storage fund is deductible under Section 37(1).

30 Sep 2016

This judgment by the Bombay High Court addresses four questions of law referred by the Income Tax Appellate Tribunal under Section 256(1) of the Incom...

High Court

High Court Dismisses Revenue's Appeal in Carbon Credit Deduction Case — Income from Sale of Carbon Credits Held Not Derived from Eligible Business Under Section 80IA of Income Tax Act, 1961. The court upheld the Tribunal's decision quashing the revision order under Section 263, finding no substantial question of law.

29 Mar 2016

The appellant, Commissioner of Income Tax-III, Bangalore, filed an appeal under Section 260-A of the Income Tax Act, 1961, against the order of the In...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Case on Interest Income Classification. Interest income from bank deposits, intercorporate deposits, call money, debentures, and from Income Tax Department held not to be business income for deduction under Section 80HHC of the Income Tax Act, 1961.

30 Sep 2014

The Revenue Department filed appeals under Section 260-A of the Income Tax Act, 1961 against the orders of the Income Tax Appellate Tribunal (ITAT) fo...

High Court

Bombay High Court Allows Lower TDS Rate for Consortium in Mumbai Monorail Project — Section 197 Certificate Granted at 0.11% Based on Estimated Tax Liability. The Court held that the absence of prior assessment does not disentitle an Association of Persons from obtaining a certificate for deduction of tax at a lower rate under Section 197 of the Income Tax Act, 1961.

28 Apr 2010

The Petitioner, Larsen & Toubro Ltd. and Scomi Engineering Berhad, formed a consortium (Association of Persons) to execute the Mumbai Monorail Project...

High Court

Bombay High Court Dismisses Revenue's Appeal in Bank Taxation Case — Excess Cash at Counters Not Income, PF Dues Grace Period Allowed, Interest on Securities Not Accrued, Bad Debt Deduction Upheld, Advance Income Not Taxable. The court upheld the ITAT's order deleting additions and directing allowances on five issues under the Income Tax Act, 1961.

23 Apr 2010

The Revenue appealed against the order of the Income Tax Appellate Tribunal (ITAT) for assessment year 2002-03, raising five questions of law. The fir...

High Court

Bombay High Court Dismisses Revenue's Appeal in MAT Credit Case — Credit for Brought Forward MAT Must Be Given Before Computing Interest Under Section 234B of Income Tax Act, 1961. The Court held that MAT credit reduces the tax payable on assessment and must be deducted from gross demand before charging interest under Section 234B.

6 Apr 2010

The appeal by the Revenue arose from an order of the Income Tax Appellate Tribunal dated 20 June 2007, concerning assessment year 2000-2001. The asses...

High Court

Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

21 Jul 2005

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

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