Search Results for "reference under income-tax act"

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Search Results for "reference under income-tax act"

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High Court

Bombay High Court Quashes Assessment Order for Violation of Natural Justice Under Section 144B of Income Tax Act, 1961 — Failure to Issue Show Cause Notice-Cum-Draft Assessment Order Renders Order Invalid. The court held that the mandatory procedure under Section 144B requiring issuance of a show cause notice-cum-draft assessment order was not followed, and the assessment order recording issuance of such notice was contrary to record, violating principles of natural justice.

18 Nov 2024

The petitioner, Teerth Developers and Teerth Realties JV (AOP), an association of persons, filed a writ petition under Article 226 of the Constitution...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Independent Application of Mind. Reassessment Based on Borrowed Satisfaction and Non-Speaking Order on Objections Violates Principles of Natural Justice.

8 Aug 2023

The petitioner, Arvind Sahdeo Gupta, challenged a notice dated 24/3/2020 issued under Section 148 of the Income Tax Act, 1961 by the Income Tax Office...

High Court

Bombay High Court Allows Withdrawal of Revenue Appeal in Service Tax Exemption Case Based on Policy Decision to Reduce Litigation. Department permitted to withdraw appeal against assessee's claim for exemption under Notification No. 13/2003-ST for sugarcane harvesting and transport services.

15 Jun 2017

The Commissioner of Customs, Central Excise & Service Tax, Nashik II Commissionerate filed an appeal under Section 35G of the Central Excise Act, 1944...

High Court

Bombay High Court Allows Reference on Double Taxation Issue in Income Tax Case — Assessee Company Cannot Be Taxed Again on Income Already Assessed in Export Firm's Hands. The court considered whether income already assessed in the hands of an export firm could be taxed again in the hands of the assessee limited company, noting that the facts were not in dispute.

8 May 2015

The case involves an income tax reference by the Bombay High Court at Nagpur Bench. The assessee, R.B. Shreeram Durgaprasad (P) Limited, Tumsar, chall...

High Court

Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

1 Jul 2014

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

High Court

Bombay High Court Upholds Labour Court's Reinstatement Order in Dispute Over Termination of a Medical Practitioner — Finds Hospital's Termination Illegal for Non-Compliance with Section 25F of Industrial Disputes Act, 1947. The Court Modified Back Wages to 50% for the Period from Termination to Labour Court Award and Full Back Wages Thereafter.

5 Apr 2011

The case involves a dispute between N.M. Wadia Charitable Trust Hospital, Solapur (appellant) and Dr. Ashok Vyankatesh Apte (respondent), a full-time ...

High Court

Bombay High Court Full Bench Holds That Letters Patent Appeal Is Maintainable Against Single Judge Decision in Writ Petition Under Articles 226/227 of Constitution — Maintainability Depends on Nature of Order, Not Label of Jurisdiction Invoked. The Court Emphasized Liberal Construction of Clause 15 of Letters Patent to Remedy Injustice.

17 Mar 2011

This judgment of a Full Bench of the Bombay High Court addresses the recurring question of whether a Letters Patent Appeal under Clause 15 of the Lett...

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 Quashes Reopening Notice in Income Tax Case Due to Lack of Fresh Material — Interest on Refund Net of Interest Paid Under Section 220 Was Fully Disclosed During Original Assessment

19 Mar 2010

The petitioner, Arthur Anderson & Co., filed a writ petition under Article 226 of the Constitution challenging a notice dated 4 February 2009 issued b...

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