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Supreme Court Dismisses Revenue Appeal in Income Tax Case; Arrear Dividends on Shares Held Not Taxable as Income. Purchase of Shares Cum-Dividend Implied Price Included Dividend Amount, Which Was Not Income of the Purchaser but Capital Receipt Under Income-tax Act, 1922.

The case involved a tax dispute regarding the treatment of arrear dividends received by the respondent, India Discount Co. Ltd., a dealer in shares an...

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Bombay High Court Hears Petition Against Coercive Recovery of Service Tax Without Adjudication, Examining Scope of Section 73 of Finance Act, 1994. The Court Considers Whether Revenue Can Take Steps Under Section 87 Absent Determination of Tax Liability Through Statutory Adjudication Process.

The petitioner, ICICI Bank Ltd., a scheduled bank, challenged a communication dated 25/3/2015 issued by the Service Tax authorities demanding interest...

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Bombay High Court Allows Writ Petition Challenging Service Tax Recovery Under Kar Vivad Samadhan Scheme, 1998. Petitioner's Pre-Deposit of 7.5% of Disputed Tax Entitles It to Settlement Under KVSS, 1998 Despite Pending Adjudication.

The petitioner, M. Ramzan & Co., a firm engaged in providing works contract services and holding registration under Service Tax Law, was issued a show...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Allows Writ Petition Challenging Tax Determination Under Kar Vivadh Samadhan Scheme, 1998. Certificate of tax payable set aside for non-compliance with statutory requirements under Section 90(2) of Finance (No.2) Act, 1998.

The petitioner, The Bombay Dyeing & Manufacturing Co. Ltd., filed a writ petition challenging the legality and validity of orders passed by Respondent...