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Search Results for "CBDT guidelines"

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High Court

The Bombay High Court held that the competent authority could not reject a compounding application solely on the ground of delay, as the Income-tax Act, 1961 did not prescribe a limitation period. The court set aside the impugned order and directed the Chief Commissioner to reconsider the application based on relevant facts and judicial precedents.

4 Mar 2025

Income-tax Act, 1961 – Section 279(2) – Compounding of Offences – CBDT Guidelines – Discretion of Authority The court reaffirmed that when a ...

High Court

Madras High Court Allows Revenue's Appeals in Income Tax Block Assessment Case - Upholds Addition of Unexplained Cash Credits Under Section 68 of Income Tax Act, 1961. The court held that the assessee failed to prove the genuineness of cash credits, reversing the Tribunal's order.

29 Jan 2025

The Revenue filed appeals under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, 'B' Bench, Chennai, w...

High Court

Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed.

12 Aug 2024

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 19...

High Court

Bombay High Court Allows Writ Petition Challenging CBDT's Rejection of Delay Condonation for Filing Revised Income Tax Returns. Non-Speaking Order and Violation of Natural Justice Led to Remand for Fresh Consideration Under Section 119 of Income Tax Act, 1961.

30 Apr 2024

The petitioner, CG Power and Industrial Solutions Ltd., a company, filed a writ petition under Article 226 of the Constitution of India before the Bom...

High Court

Bombay High Court Allows Compounding Application for TDS Default Despite Delay in Filing, Directs Reconsideration of Compounding Fees. Petitioners deposited TDS belatedly but before show cause notice; court held that compounding application cannot be rejected solely on ground of delay in filing where no prosecution was pending.

18 Jul 2023

The petitioners, Sofitel Realty LLP and its partners, filed a writ petition challenging the rejection of their compounding application for offences un...

Supreme Court

Supreme Court Allows Appeal in Income Tax Deduction Case for Pharmaceutical Freebies. Expenses on Gifting Freebies to Medical Practitioners Are Deductible Under Section 37(1) of Income Tax Act, 1961, as Indian Medical Council Regulations Only Prohibit Acceptance, Not Gifting, Under Explanation 1.

22 Feb 2022

The dispute involved a pharmaceutical company, referred to as Apex, appealing against a High Court judgment that upheld orders disallowing part of its...

Supreme Court

Supreme Court Allows Revenue's Appeal in Transfer Pricing Case — CBDT Instruction Not Mandatory. Assessing Officer's Power to Determine Arm's Length Price Under Section 92C(3) Upheld Despite Non-Reference to TPO.

13 Aug 2019

The case involves an appeal by the Principal Commissioner of Income Tax-4, Mumbai against the judgment of the Bombay High Court which dismissed the Re...

High Court

Bombay High Court Quashes CBDT Action Plan Points System for Tax Recovery as Arbitrary and Unconstitutional. The court struck down the system of awarding points to Income Tax Officers for achieving tax recovery targets, holding it ultra vires the Income Tax Act, 1961 and violative of Article 14 of the Constitution.

11 Apr 2019

The Bombay High Court, in a judgment dated 11th April 2019, dealt with two petitions challenging a portion of the Central Action Plan for the financia...

High Court

Bombay High Court Quashes Provisional Attachment and Orders Stay of Recovery in Income Tax Case — Violation of Natural Justice and Non-Compliance with CBDT Circular. The Assessing Officer's failure to record reasons and provide hearing under Section 281B, and ignoring CBDT Circular on stay of demand, led to setting aside of attachment and recovery proceedings.

26 Mar 2019

The Petitioner, Milestone Real Estate Fund, a trust, challenged the provisional attachment order dated 18.12.2018 under Section 281B of the Income Tax...

High Court

High Court of Karnataka Allows Writ Petition for Condonation of Delay in Investment Under Section 54EC of Income Tax Act, 1961 — CBDT's Rejection Set Aside. The CBDT's power under Section 119(2)(b) is not circumscribed by any time limit and must be exercised liberally to avoid hardship.

24 Oct 2017

The petitioner, Dr. Sujatha Ramesh, sold an immovable property during the Assessment Year 2013-14 and realized long-term capital gains. To claim exemp...

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