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Income Tax - High Court - Case Laws

Showing 1 to 20 of 45931 Records

  • 2018 (2) TMI 1380 - DELHI HIGH COURT

    PR. COMMISSIONER OF INCOME TAX-21 Versus DR. VANDANA GUPTA

    Penalty u/s 271(1)(c) - voluntary surrender of income by assessee - Held that - The assessee merely made a voluntary surrender; she did not offer any explanation as to the nature of income or its source. The observations in MAK Data (2013 (11) TMI 14 - SUPREME COURT) are that the authorities are not really concerned with the statement - whether voluntarily or otherwise and have to see whether there was any non disclosure of material facts, or inc....... + More


  • 2018 (2) TMI 1379 - GUJARAT HIGH COURT

    Sandesh Limited Versus Deputy Commissioner of Income Tax, Circle-4 (1) (2)

    Reopening of assessment - notice issued beyond the period of four years - reasons to believe - Held that - The question of the assessee failing to disclose truly and fully all material facts necessary for assessment therefore becomes important. Nothing stated in the reasons recorded or from the materials on record suggest that the assessee failed to disclose truly and fully all material facts. AO has examined the materials on record during the or....... + More


  • 2018 (2) TMI 1378 - GUJARAT HIGH COURT

    Principal Commissioner of Income Tax-5 Versus Manoj Bhupatbhai Vadodaria

    Application of provision of section 48 Explanation (iii) - whether inflation index would apply for the first year when the asset was first held by the assessee - computing the capital gains arising on transfer of a capital asset acquired by the assessee under a gift - shares which are the subject matter of capital gains tax were purchased by the father of the assessee on 01.08.1989. They were gifted by him to his son on 15.03.2009. The son i.e. t....... + More


  • 2018 (2) TMI 1377 - GUJARAT HIGH COURT

    Vinay Printing Press Versus ASSTT. Commr. of Income Tax Circle - 5 (2) or His Successor

    Reopening of assessment - Held that - According to the department, there are documents suggesting that there are TDS transactions concerning the firm for the period relevant to the assessment year in question. More importantly, during the course of a search against two individuals, name of the firm was found. There were documents indicating that the assessee had entered into huge cash loan transactions. The ledger account itself showed cash credi....... + More


  • 2018 (2) TMI 1376 - GUJARAT HIGH COURT

    Gujarat Enviro Protection And Infrastructure Limited Versus Deputy Commissioner of Income Tax

    Reopening of assessment - allowability of interest income u/s 80IA - Held that - The record would show that the crucial requirement arising out of the proviso to Section 147 is not satisfied. AO has, in fact, in the reasons recorded itself proceeded on the basis of on verification of record. Thus, clearly the Assessing Officer proceeded on the basis of disclosures forming part of the original assessment. During the original assessment, AO had cal....... + More


  • 2018 (2) TMI 1375 - ALLAHABAD HIGH COURT

    Commissioner of Income Tax And Anr. Versus Animal Care Society

    Benefit of Section 80-G (5) (vi) - activities carried out would qualify as charitable activities - Held that - The record/paper book reflects that the amounts, which were expended by the assessee towards all the activities were less than ₹ 10,00,000/- and, therefore, the activities would clearly be included to be covered under the provisions of Section 2 (15) of the Act and in view of that the benefit of Section 80-G (5) (vi) would also enu....... + More


  • 2018 (2) TMI 1374 - RAJASTHAN HIGH COURT

    Shri Bhanwar Lal Choudhary, Pro., New Choudhary Enterprises Versus ACIT Circle- Sikar Raj

    Disallowance u/s 40(a)(ia) - non deduction of tax at source on interest paid to financial institutions even when the appellant has paid the entire amount and no amount remains payable at the end of the year - Held that - Taking into consideration, the decision rendered by the Delhi High Court in CIT vs. Ansal Land Mark Township Pvt. Ltd. (2015 (9) TMI 79 - DELHI HIGH COURT) the second proviso to Section 40 (a) (ia) of the Act is declaratory and c....... + More


  • 2018 (2) TMI 1373 - RAJASTHAN HIGH COURT

    Pr. Commissioner of Income Tax, Jaipur-II, Jaipur Versus Shri Shailendra Garg, C/o M/s Garment Craft India (P) Ltd.

    TDS u/s 194H - non-deduction of tax by invoking provisions of section 40(a)(ia) - Held that - The advertisement are to be procured by such agencies at the rates and terms decided between them and advertiser, assessee has no involvement therein. In the case of Kerala State Stamp Vendors Association vs. Office of the Accountant General 2005 (6) TMI 21 - KERALA High Court the Hon ble Kerala High Court held that what is liable for TDS is commission o....... + More


  • 2018 (2) TMI 1372 - MADRAS HIGH COURT

    O.N. Gugan Babu Versus Deputy Commissioner of Income Tax, The Additional Commissioner of Income Tax

    Assessment u/s 158BD r.w.s. 158 BC(c) - availment of appeal remedy before ITAT - Held that - Complicated factual issues are to be first thrashed out before one goes into the aspect as to which of the legal principles as put forth would apply. - Record of proceedings shows that there has been an order of interim stay granted by this Court in this writ petition, when the writ petition was entertained on 26.11.2002 and till date, interim order is in....... + More


  • 2018 (2) TMI 1352 - DELHI HIGH COURT

    CENTRAL BOARD OF DIRECT TAXES Versus SATYA NARAIN SHUKLA

    RTI - information sought for related to allegations of corruption - verification of the affidavits filed by the Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) disclosing their assets to the Election Commission - whether the information sought for by the respondent is excluded from the purview of the Act? - Held that - It is clear from the above that only such information which would (i) impede the process of investigation;....... + More


  • 2018 (2) TMI 1351 - PUNJAB AND HARYANA HIGH COURT

    The Commissioner of Income Tax, Faridabad Versus M/s NHPC Ltd.

    Additions for Advance against depreciation (AAD) - MAT - Book profit u/s 115JB - whether is income received in advance , thus making the said income subject to Charge under Chapter-II, as business income under Chapter-IV-D read with sub clause (i) of sub-Section 24 of Section 2 of the Income Tax Act? - Held that - In our view, the matter is covered in favour of the respondent assessee by the judgment in the assessee s case National Hydroelectric ....... + More


  • 2018 (2) TMI 1350 - KARNATAKA HIGH COURT

    M/s Telekom Malaysia Berhad Versus Union of India, Deputy Director of Income Tax (International Taxation) , Commissioner of Income Tax (International Taxation)

    Reopening of assessment - non-service of Statutory Notice under Section 148 of the Act and non- grant of adequate opportunity to raise the objections - Held that - It cannot be believed that the proceedings initiated right in the Month of March 2016 followed by various notices throughout the period, on 29.03.2016, 02.06.2017, 12.07.2017, 11.10.2017 and 16.10.2017 followed by letter dated 07.11.2017, all have not been issued or served upon the pet....... + More


  • 2018 (2) TMI 1349 - DELHI HIGH COURT

    MEENA RASTOGI Versus CENTRAL BOARD OF DIRECT TAXES, AND ANR.

    Extension of time to pay the third installment on the undisclosed income under the Income Declaration Scheme Rules, 2016 - reasons given by the petitioner in her letters seeking extension of time - Held that - The ground taken by the petitioner, that she is 70 years of age and suffering from ill health which had become a hurdle in her day-to-day work, cannot be a ground to seek an extension of time. Assertion that the petitioner merely forgot to ....... + More


  • 2018 (2) TMI 1348 - KARNATAKA HIGH COURT

    THE PR COMMISSIONER OF INCOME TAX, BELAGAVI AND ASST. COMMISSIONER OF INCOME TAX, CIRCLE-, BENGALURU Versus SHRI VEER PULAKESHI, CO-OPERATIVE BANK LIMITED

    Addition on account of accrued interest on loans which are classified as Non-performing Assets - Held that - The issue involved in this appeal is no more res integra in view of the decision of the Co-ordinate Bench of this Court in the case of Commissioner of Income-Tax and another Vs. Canfin Homes Limited (2011 (8) TMI 178 - KARNATAKA HIGH COURT) as that when an asset becomes non-performing, it ceases to yield income and once a particular asset ....... + More


  • 2018 (2) TMI 1347 - UTTARAKHAND HIGH COURT

    Mallikarjun School Society Versus Chief Commissioner of Income Tax

    Exemption u/s 10(23C)(iv) denied - proof of charitable activities - Petitioner society was running 08 school buses to ferry the students - case of the petitioner society was rejected primarily on the ground that the assessee could not produce any evidence that buses were being used for the school only - Held that - It is evident from a combine reading of Memorandum of Association that the Society has been primarily established to impart education....... + More


  • 2018 (2) TMI 1294 - DELHI HIGH COURT

    M/s ABHIPRA CAPITAL LTD. Versus DEPUTY COMMISSIONER OF INCOME TAX (INVESTIGATION)

    Nature of expenditure - members fee paid by the appellant to the National Stock Exchange - revenue or capital expenditure - Held that - Alembic Chemical Works Co. Ltd. Vs. Commissioner of Income Tax, Gujarat (1989 (3) TMI 5 - SUPREME Court), elucidates and affirms that a once and for all payment , when it brings into existence an asset or advantage of enduring benefit, in the absence of special circumstances leading to an opposite conclusion, is ....... + More


  • 2018 (2) TMI 1293 - GUJARAT HIGH COURT

    Demuric Holdings Pvt. Ltd. Versus Assistant Commissioner of Income Tax, Vapi Circle

    Reopening of assessment - capital gain tax - Deemed dividend u/s 2(22)(a) - Held that - This entire transaction of transfer of shares by the petitioner to M/s.Nerka Chemicals Pvt. Ltd. came up for scrutiny by the AO during the original assessment proceedings. Of course, the assessee s contention revolved around the issue whether such transaction would invite capital gain tax in the hands of the assessee or not. Nevertheless, this transaction was ....... + More


  • 2018 (2) TMI 1292 - GUJARAT HIGH COURT

    Jayant Security And Finance Ltd. Versus Assistant Commissioner of Income Tax Officer Circle 1 (1) (2)

    Reopening of assessment - notice issued beyond the period of four years - change of opinion - advances receipt by assessee being undisclosed - independent application of mind by assessee - Held that - The reasons recorded show that the Assessing Officer had received information from the Investigating Wing in connection with advances of ₹ 10.25 Crores rounded off received by the assessee from M/s. East West Finvest India Limited during the F....... + More


  • 2018 (2) TMI 1291 - BOMBAY HIGH COURT

    The Shri Saibaba Sansthan Trust (Shirdi) Versus The Union of India and Another

    Anonymous donations received by the Petitioner in dakshina boxes held to be taxable under Section 115 BBC - Held that - In the present facts, we note that the impugned assessment order dated 31 December 2017 has sought to distinguish the decision relied upon in the present facts. Infact he holds that the trust is not for religious purposes. Therefore will not fall in the exclusion clause under Section 115 BBC (2) of the Act. This understanding of....... + More


  • 2018 (2) TMI 1290 - BOMBAY HIGH COURT

    M/s. Kapurchand Jethaji & Co. Versus The Commissioner of Income Tax & Another

    Kar Vivad Samadhan Scheme - declaration under Section 88 of the Scheme seeking to settle the tax arrears pending as on 31 March 1998 for the assessment year 1983-84 to 1986-87 - Held that - From the reading of the impugned order, the Affidavit in Reply filed by the Respondent No. 1 dated 28 April 1999 and Affidavit in SurRejoinder dated 26 July 1999, it is clear that on the date of filing of second declaration i.e. 29 January 1999, there were no ....... + More


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