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High Court

Bombay High Court Allows Deduction for Write-off of Debit Balances and Set-off of Unabsorbed Depreciation in Income Tax Appeal. The Court held that write-off of debit balances in sundry creditors and deposits is allowable as business loss, and unabsorbed depreciation can be set off against short term capital gains even after dissolution of the firm.

27 Sep 2023

The appellant, Bond Safety Belts (Dissolved), was a partnership firm that was dissolved with effect from 6th December 2014. The appeal was filed throu...

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  • 14
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High Court

Bombay High Court Allows Assessee's Appeals in Transfer Pricing Adjustment Case Due to Department's Acceptance of Same Methodology in Earlier Years and Tribunal's Failure to Follow Co-ordinate Bench Precedent. The court set aside the ITAT order and remanded for fresh consideration, emphasizing the rule of consistency and binding nature of co-ordinate bench decisions under Section 260A of the Income Tax Act, 1961.

28 Jul 2023

The appellant, Cummins India Limited, filed three appeals under Section 260A of the Income Tax Act, 1961, against the order dated 28th September 2022 ...

By Lawtext
  • 37
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High Court

Bombay High Court Dismisses Revenue's Appeal in Section 14A Disallowance Case — Upholds ITAT's Finding of No Satisfaction Recorded by AO. The Court held that the Assessing Officer must record satisfaction regarding the correctness of the assessee's claim before invoking Rule 8D for disallowance under Section 14A of the Income Tax Act, 1961.

20 Feb 2023

The appeal was filed by the Revenue (Pr. Commissioner of Income Tax-14) against the order of the Income Tax Appellate Tribunal (ITAT) dated 5th April ...

By Lawtext
  • 41
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High Court

Bombay High Court Dismisses Revenue's Appeal in Bogus Purchase Case — ITAT's Direction to Delete Addition Upheld. Court holds that when purchases are not disputed as genuine but only as from non-existent parties, only profit element embedded in such purchases can be added, not the entire purchase amount.

21 Oct 2022

The case involves two appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate T...

By Lawtext
  • 32
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High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Upholds ITAT Order on Disallowance of Interest and Depreciation. Held that interest on borrowed capital used for acquiring a capital asset is allowable as deduction under Section 36(1)(iii) of the Income Tax Act, 1961, and depreciation on assets acquired under a hire purchase agreement is allowable under Section 32.

12 Jun 2018

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

By Lawtext
  • 83
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High Court

High Court of Karnataka Dismisses Revenue Appeals in Income Tax Exemption Cases for Charitable Trusts and Religious Institutions. Held that registration under Section 12AA and exemption under Section 11 of the Income Tax Act, 1961 cannot be denied solely on the ground of commercial activities if they are incidental to the charitable object.

22 Feb 2016

The High Court of Karnataka heard a batch of appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, challenging the orders of t...

By Lawtext
  • 64
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Supreme Court

Supreme Court Allows Appeals of Educational Societies in Income Tax Exemption Case Under Section 10(23C)(iiiad) of Income Tax Act, 1961 — Surplus from Educational Activities Held Not to Be Income for Profit. The court held that the generation of surplus by an educational institution does not automatically indicate a profit motive, and the exemption under Section 10(23C)(iiiad) is available if the surplus is applied for educational purposes.

27 Mar 2015

The case involves appeals by educational societies and the revenue against judgments of the Uttarakhand High Court and Punjab and Haryana High Court c...

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  • 47
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High Court

High Court of Karnataka Dismisses Revenue's Appeal in Software Export Tax Exemption Case — ITAT's Factual Findings on Export Turnover and Profit Computation Upheld. The court held that no substantial question of law arose under Section 260A of the Income Tax Act, 1961, as the ITAT's findings were factual and based on evidence.

12 Feb 2014

The case involves three appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, against the common order of the Income Tax Appell...

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  • 43
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High Court

Bombay High Court Dismisses Writ Petition and Tax Appeals in Income Tax Reassessment and Expenditure Disallowance Cases. Reassessment notices under Section 147 of the Income Tax Act, 1961 were valid, and expenditure on renovation and interest on borrowed capital for acquiring a capital asset were not allowable deductions.

30 Nov -0001

The judgment involves a batch of petitions and appeals arising from income tax proceedings concerning the Travel & Tourism Association of Goa and seve...

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  • 190
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High Court

High Court of Bombay at Goa Allows Tax Appeals of Assessee in Income Tax Matters — Disallowance of Expenditure on Technical Know-How and Interest on Delayed Payment of Sales Tax Set Aside. The court held that technical know-how fees for improvement of existing process is revenue expenditure and interest on delayed sales tax is compensatory, both allowable under Section 37(1) of the Income Tax Act, 1961.

30 Nov -0001

The judgment pertains to a batch of tax appeals filed by Goa Carbon Ltd. against orders of the Income Tax Appellate Tribunal (ITAT) for various assess...

By Lawtext
  • 103
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