Search Results for "Section 245D"

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Search Results for "Section 245D"

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High Court

Bombay High Court Allows Writ Petition Challenging Abatement of Settlement Applications Under Section 245HA of Income Tax Act, 1961. Settlement Commission's order set aside as it failed to consider that delay in passing final order was not attributable to the applicant.

14 Jul 2023

The petitioner, Mahesh Gupta, as Karta of Mahesh Gupta HUF, challenged an order dated 11 January 2008 passed by the Income Tax Settlement Commission (...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order Allowing Settlement Application. Settlement Commission's prima facie satisfaction under Section 245D(1) of the Income Tax Act, 1961 regarding true and full disclosure cannot be challenged by Revenue at the stage of allowing the application.

4 Apr 2019

The Income Tax Department filed a writ petition challenging an order dated 30.5.2017 passed by the Income Tax Settlement Commission under Section 245D...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order Allowing Settlement Application Despite Non-Disclosure of Additional Income. Settlement Commission's Order under Section 245D(2C) of Income Tax Act, 1961, Declaring Application Valid, Upheld as Department Failed to Provide Evidence of Non-Disclosure.

28 Feb 2019

The Income Tax Department filed writ petitions challenging an order dated 31.5.2016 passed by the Income Tax Settlement Commission, insofar as it rela...

High Court

High Court of Karnataka Dismisses Revenue's Challenge to Settlement Commission Order in Income Tax Search Case — No Speaking Order Required at Preliminary Stage Under Section 245D(1). The court held that the Settlement Commission's order to proceed with an application under Section 245D(1) of the Income Tax Act, 1961, need not be a speaking order and that the Commission has discretion to allow the application even if the assessee has not made full disclosure or paid full tax at that stage.

18 Jan 2016

The case involves a challenge by the Commissioner of Income Tax, Karnataka (Central), against an order dated 3.4.2014 passed by the Income Tax Settlem...

High Court

Bombay High Court Dismisses Revenue's Writ Petition Challenging Settlement Commission's Order Allowing Settlement Application. Settlement Commission's Finding of Full and True Disclosure of Income by Assessee in Case of Alleged Bogus Purchases Upheld Under Section 245D of Income Tax Act, 1961.

8 May 2015

The Commissioner of Income Tax, Mumbai, filed a writ petition under Article 226 of the Constitution of India challenging two orders passed by the Inco...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in International Taxation Case — Transfer Pricing Adjustments Not Required for Non-Resident Entities Without PE in India. Settlement Commission has exclusive jurisdiction to determine tax liability of non-resident entities, and transfer pricing provisions under Chapter X of Income Tax Act, 1961 do not apply to non-residents without permanent establishment in India.

28 Feb 2014

The case involves a writ petition filed by the Director of Income Tax (International Taxation), Mumbai, challenging an order dated 31 January 2008 pas...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order Allowing Further Proceedings Without Prior Enquiry Under Section 245D(3) of Income Tax Act, 1961. The Court held that the Settlement Commission has discretion to decide whether a further enquiry is necessary and that the order under Section 245D(2C) is a preliminary satisfaction order not requiring a report under Section 245D(3).

21 Oct 2013

The Commissioner of Income Tax (Central), Pune filed a writ petition challenging an order dated 29 August 2013 passed by the Income Tax Settlement Com...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in Bogus Purchases Case — No Jurisdictional Error Found. Settlement Commission's Discretion to Accept Additional Income Disclosure Under Section 245D of Income Tax Act, 1961 Upheld as Not Perverse or Unreasonable.

13 Jun 2013

The Revenue (Commissioner of Income Tax, Pune) filed a writ petition under Article 226 of the Constitution challenging an order dated 21 September 201...

High Court

Bombay High Court Dismisses Writ Petition Challenging Settlement Commission Order Under Section 245D(4) of Income Tax Act — No Jurisdictional Error Found in Rejecting Settlement Application for Non-Disclosure of Full Income.

22 Feb 2012

The petitioner, Major Metals Ltd., filed a writ petition under Article 226 of the Constitution challenging an order dated 30 December 2010 passed by t...

High Court

Bombay High Court Allows Writ Petition Challenging Settlement Commission's Power to Levy Interest Under Section 234B When No Interest Was Charged in Original Assessment. Interest under Section 234B(4) can only be increased or reduced if it was initially chargeable under the original assessment order.

2 Jul 2010

The petitioner, Akbar Travels of India Pvt. Ltd., an IATA approved travel agent and money changer, filed returns for Assessment Years 2002-03 to 2006-...

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