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Search Results for "ITAT order"

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Supreme Court

Supreme Court Quashes Compulsory Retirement Order of IRS Officer Due to Bias and Malice. Compulsory retirement under Rule 56(j) of Fundamental Rules, 1922, set aside as it was punitive, violated natural justice due to biased committee members, and disregarded clean service record.

3 Mar 2023

The dispute involved an Indian Revenue Service officer challenging his compulsory retirement under Rule 56(j) of the Fundamental Rules, ordered three ...

High Court

Bombay High Court Quashes Transfer of ITAT Appeals from Bangalore to Mumbai Bench for Lack of Jurisdiction and Violation of Natural Justice. President of ITAT Cannot Delegate Power to Transfer Cases to a Bench; Speaking Order by Bangalore Bench Exceeded Authority Under Section 255(1) of the Income Tax Act, 1961.

21 May 2021

The petitioner, MSPL Limited, challenged two orders: (1) a speaking order dated 19.03.2020 passed by the Income Tax Appellate Tribunal (ITAT), Bangalo...

High Court

High Court of Bombay at Goa Allows Tax Appeals in Income Tax Reassessment Case — Limitation for Reopening Assessment Under Section 147/148 of Income Tax Act, 1961. Reassessment Notices Quashed as Issued Beyond Four-Year Limitation Period Without Establishing Failure to Disclose Material Facts.

7 Dec 2020

The case involves five tax appeals filed by M/s. Zephyr Biomedicals and M/s. Orchid Biomedical Systems against the Joint Commissioner of Income Tax, c...

High Court

Bombay High Court Allows Tax Appeal in Penalty Jurisdiction Case — CIT(A) Remand Order Wipes Out AO's Penalty Initiation. Penalty proceedings under Section 271(1)(c) of Income Tax Act, 1961 cannot survive after the assessment order containing the satisfaction for initiation is set aside by CIT(A) without specific direction.

4 Feb 2020

The appellant, Gangadhar Narsingas Agrawal (HUF), filed a return of income for Assessment Year 1997-1998 disclosing a loss. The Assessing Officer (AO)...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. The court upheld the ITAT's order deleting disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of TDS on roaming and interconnect charges, holding that such payments are not 'fees for technical services' and that the assessee had a bona fide belief that no TDS was deductible.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against the order of the Income Tax ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. Assessee's payments for call center services and software maintenance not subject to TDS under Section 194J of Income Tax Act, 1961 as they do not constitute 'technical services'.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against the order of the Income Tax ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. The court upheld the ITAT's order deleting disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of TDS on roaming and interconnect charges, holding that such payments are not 'fees for technical services' and that the assessee had a bona fide belief that no TDS was deductible.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax, TDS and Deputy Commissioner of Income Tax, TDS) against the common order o...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Vodafone TDS Case — No Substantial Question of Law Arises. The court upheld the ITAT's order deleting disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of TDS on roaming and interconnect charges, holding that such payments are not 'fees for technical services' and that the assessee had a bona fide belief that no TDS was deductible.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax, TDS and Deputy Commissioner of Income Tax, TDS) against the common order o...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case — No Substantial Question of Law Arises. Deduction under Section 48(1) and Section 54EC of Income Tax Act, 1961 Allowed as Payments to Sisters and Nieces Were Cost of Acquisition and Investment in REC Bonds Was Valid.

4 Sep 2015

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITA...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Case — No Disallowance Under Section 40A(2) for Purchase from Subsidiary at Contractual Rates. Purchase at higher than market rate from subsidiary justified due to assured quantity and quality under contract, and no tax avoidance as both entities taxed at same rate.

19 Oct 2010

The Commissioner of Income Tax appealed against an order of the Income Tax Appellate Tribunal (ITAT) confirming the deletion of a disallowance of Rs.4...

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