Search Results for "Section 15(1) Income Tax Act"

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Search Results for "Section 15(1) Income Tax Act"

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Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

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 Dismisses Revenue's Appeal in Income Tax Reopening Case — Transfer Pricing Reference Invalid Without Pending Assessment Proceedings. The court upheld the ITAT's decision that the Assessing Officer lacked jurisdiction to issue notice under Section 148 of the Income Tax Act, 1961, as the reference to the Transfer Pricing Officer under Section 92CA was made without any pending assessment proceedings, rendering the TPO's order null and void ab initio.

7 Jun 2023

The case involves an appeal by the Pr. Commissioner of Income Tax – 6 against the order of the Income Tax Appellate Tribunal (ITAT) which had quashe...

High Court

Bombay High Court Quashes Reassessment Notice Against Charitable Trust for Lack of Fresh Material. Reopening Beyond Four Years Invalid as No Failure to Disclose Material Facts Under Section 147 of Income Tax Act, 1961.

8 Mar 2023

The petitioner, Framji Dinshaw Petit Parsee Sanatorium, is a public charitable trust registered under section 12A of the Income Tax Act, 1961. For the...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Housing Society — No Failure to Disclose Material Facts. Deduction Under Section 80P(2)(d) for Interest Income from Cooperative Banks Allowed as Assessee Had Disclosed All Relevant Details During Original Scrutiny Assessment.

15 Feb 2023

The Petitioner, Tahnee Heights CHS Ltd., a housing society registered under the Maharashtra Cooperative Societies Act, filed its return of income for ...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Proper Sanction. Notice Issued Beyond Four Years Requires Approval from Principal Chief Commissioner Under Section 151(1), Not Joint Commissioner.

9 Jan 2023

The petitioner, MA Multi-Infra Development Pvt. Ltd., challenged a notice dated 31st March 2021 issued under Section 148 of the Income Tax Act, 1961 f...

High Court

Bombay High Court Quashes Reassessment Notice for Lack of Prior Approval Under Section 151 of Income Tax Act, 1961. Reopening of assessment for AY 2014-15 invalid as approval was granted by an officer lacking jurisdiction under Section 151(2).

21 Dec 2021

The Petitioner, Svitzer Hazira Pvt. Ltd., a company incorporated under the Companies Act, 1956, providing marine services, challenged a notice dated 3...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Reassessment Based on Mere Change of Opinion is Invalid. The court held that where the Assessing Officer had already considered the issue of set-off of short-term capital gain during scrutiny assessment, reopening after four years without fresh material is impermissible.

31 Aug 2021

The petitioner, First Source Solutions Limited, engaged in contact centre and transaction processing services, had two SEZ units for AY 2012-13. The P...

High Court

Bombay High Court Allows Writ Petitions Challenging Reassessment Notices Under Income Tax Act — Notices Issued Beyond Six-Year Limitation Period Without Proper Sanction Are Invalid. Reassessment notices for assessment years 2008-09, 2009-10, and 2010-11 quashed as time-barred under Section 149 and for lack of proper sanction under Section 151 of the Income Tax Act, 1961.

13 Aug 2021

The petitioner, Mohandas Isardas Chatlani, filed three writ petitions challenging reassessment notices issued under Section 148 of the Income Tax Act,...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Reassessment Case — Notice Under Section 148 Must Be Based on Same Reason as Assessment Order. The Assessing Officer issued a notice under section 148 citing capital gain as the reason for reopening, but the assessment order was based on a different reason (denial of exemption under section 11), rendering the assessment null and void.

29 Feb 2012

The case involves a tax appeal by the Commissioner of Income Tax against the Basmath Taluka Kharedi Vikri Sangh. The respondent-assessee filed a retur...

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