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Bombay High Court Allows Writ Petition in Income Tax Dispute — Direct Tax Vivad Se Viswas Act, 2020 Applicability. Court holds that a Miscellaneous Application under Section 254(2) of the Income Tax Act, 1961 filed against an appeal dismissed in limine is covered under the DTVSV Act, 2020.

The petitioner, Oerlikon Balzers Coating India Private Limited, filed a Writ Petition under Article 226 of the Constitution challenging the rejection ...

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Bombay High Court Dismisses Revenue's Appeal in Transfer Pricing Case — Advertisement Expenses Not Subject to Disallowance. Assessee's expenditure on promoting foreign channels held to be for its own business benefit, not requiring compensation from foreign principals.

The appeal was filed by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) dated 29th July 2011, which confi...

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Supreme Court Dismisses Revenue's Appeal in Service Tax Dispute on Gas Connection Charges. Measuring Equipment Installed for Supplier's Billing Purposes Not Taxable Under 'Supply of Tangible Goods Service' as Customer Does Not Use the Equipment.

The appeal arose from a judgment of the Customs, Excise & Service Tax Appellate Tribunal which set aside a demand for service tax on gas connection ch...

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Bombay High Court Allows Assessee's Appeal in Income Tax Penalty Case — Penalty Under Section 271(1)(c) Set Aside as Surrender of Income Was to Buy Peace, Not Concealment. Stock Difference Detected During Survey Was Not Deliberately Concealed and Related to Earlier Assessment Year.

The appellant-assessee, a partnership firm running a bar and restaurant, was subjected to a survey under Section 133A of the Income Tax Act, 1961 on 1...

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Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case — Cooperative Society Entitled to Deduction Under Section 80P(2)(e) on Ginning and Pressing Charges. Reopening of Assessment Based on Change of Opinion Not Justified.

The case involves an appeal by the Commissioner of Income Tax-I, Nagpur against the order of the Income Tax Appellate Tribunal (ITAT) which upheld the...

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Bombay High Court Allows Assessee's Reference in Income Tax Case - Interest on Sticky Loans Not Taxable on Accrual Basis. Interest Credited to Suspense Accounts by Financial Corporation Does Not Accrue as Income Under Income Tax Act, 1961 Until Actually Realized.

The case involved a reference under section 256(1) of the Income Tax Act, 1961, at the instance of the assessee, Maharashtra State Financial Corporati...