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Income Tax - High Court - Case Laws

Showing 81 to 100 of 45912 Records

  • 2018 (2) TMI 307 - MADRAS HIGH COURT

    M/s. Mobis India Limited Versus Deputy Commissioner of Income-tax, LTU

    Reopening of assessment - depreciation claim on vendor and dealer network rights and the goodwill - eligible reasons to believe - Held that - AO while completing the assessment under Section 143(3) of the Act took into consideration both the aforementioned decisions and considered what would be business or commercial rights of similar nature . The assessing officer was fully justified in holding that the vendor and dealer network rights and the g....... + More


  • 2018 (2) TMI 306 - BOMBAY HIGH COURT

    Principal Commissioner of Income Tax-14 Versus M/s. Capgemini India Private Ltd.

    Loss of eligible units deductiblity from the profits of the eligible units for the purpose of Section 10A deduction - Held that - The issue raised herein stands concluded against the Revenue and in favour of the Respondent-Assessee not only for the decision of this Court in the Assessee s own case in respect of the Appeal filed by the Revenue for assessment year 2006-07. It also now stands concluded by the decision of the Apex Court in Commission....... + More


  • 2018 (2) TMI 305 - KERALA HIGH COURT

    The Commissioner of Income Tax, Trivandrum Versus Jameela, J.S. Cashew Exporters, Ayathil, Kollam

    Computing the deduction u/s 80HHC - inclusion of loss incurred in the export business - business profits - Held that - The computation of profits derived from export, for an assessee doing both export and domestic business, has to be made by resorting to the said formula as available under sub-section (3C) of Section 80HHC. The proportion, which the export turnover bears to the total turnover, has to be applied to the business profits to elicit t....... + More


  • 2018 (2) TMI 193 - KERALA HIGH COURT

    Nishant Export Versus Assistant Commissioner of Income Tax, Circle-1, Mattancherry

    Entitlement for deduction u/s 10B - whether conversion of ungarbled pepper to be fit for human consumption amounts to production? - Held that - We are unable to countenance assessee s contention, especially since the finding that un-garbled and garbled pepper are not two distinct commodities was not based on any specific provision in the statute. Yet again we notice that under Section 80HHC the benefit is to any industrial undertaking carrying on....... + More


  • 2018 (2) TMI 192 - BOMBAY HIGH COURT

    M/s Tata Teleservices (Maharashtra) Limited Versus The Deputy Commissioner of Income Tax (TDS) 2 (3) & Others

    Rejection of an application made u/s 197 - empowerment to the AO to cancel the certificate issued under Section 197(1) with regard to lower and/or nil withholding tax - Held that - This Court had occasion in Mckinsey and Company Inc. Vs. U.O.I. 2010 (4) TMI 235 - BOMBAY HIGH COURT to consider the exercise of powers under Section 197(2) of the Act by the Assessing Officer i.e. to cancel the certificate granted earlier. This Court had observed that....... + More


  • 2018 (2) TMI 191 - KERALA HIGH COURT

    Dr. A.V. Sreekumar Versus The Commissioner of Income Tax, Kochi And Assistant Commissioner of Income Tax, Calicut

    Assessment u/s 153A - Can the Assessing Officer rely on materials already available with him (much prior to the search) in a proceeding under Section 153A? - computation of capital gains - Held that - The mere fact that without proceeding under Section 147 read with Sections 148 and 149, the Department proceeded under Section 153A would not by that alone absolve the assessee from making good the tax relating to the income which has escaped assess....... + More


  • 2018 (2) TMI 190 - BOMBAY HIGH COURT

    The Pr. Commissioner of Income Tax 15 Versus M/s. C.U. Inspections India Pvt. Ltd.

    License fees - method of accounting followed by the Respondent has been consistently accepted by the Revenue - Held that - There is no dispute that in the subsequent accounting year, the assessee did make imports and did derive benefits under the advance licence and the duty entitlement pass book and paid tax thereon. Therefore, it is not as if the Revenue has been deprived of any tax. We are told that the rate of tax remained the same in the pre....... + More


  • 2018 (2) TMI 189 - GUJARAT HIGH COURT

    Pr. Commissioner of Income Tax, Surat-2 Versus M/s Ambika Developers

    Penalty u/s 271AAA - disclosure of unaccounted income - Held that - Conditions mentioned in section 271AAA(2) for granting immunity from the penalty are satisfied in the present case as the assessee in his statement under section 132(4) has made a disclosure of unaccounted income; the manner in which the same was earned was also clearly stated and the taxes were also paid. - On overall analysis of the entire material on record as well as the orde....... + More


  • 2018 (2) TMI 188 - BOMBAY HIGH COURT

    Rama Industries Ltd., Rama Phosphates Ltd., Rama Petrochemicals Ltd. Versus Deputy Commissioner of Income Tax & Others

    Rectification of mistake - Held that - Having directed the restoration of the matter to the Assessing Officer, it goes on to extract certain observation of the Delhi High Court in Logitronics P.Ltd. (supra) and only thereafter i.e. considering the above decision, decides ground No. 2 in the Appeal, was in favour of the Revenue. - In the aforesaid facts, we cannot with certainty state that the decision in Logitronics P.Ltd. (2011 (2) TMI 12 - DELH....... + More


  • 2018 (2) TMI 187 - GUJARAT HIGH COURT

    Vipul Chavda or Successor N The Office of The Deputy Director of Income Versus State of Gujarat And 3

    Commission of error by court below in passing the impugned order so far as Exh. 3 filed by the department - applicability of provisions of Section 132 - Held that - Under Section 132 on a requisition being made under Sub-section (I), the officer or authority referred to in Clause (a) or Clause (b) or Clause (c), as the case may be, of the subsection shall deliver the books of account, other documents or assets to the requisitioning officer either....... + More


  • 2018 (2) TMI 186 - BOMBAY HIGH COURT

    The Commissioner of Income Tax (IT) 2 Versus Investerings foreningen Bank Invest I

    Reopening of assessment - reasons to believe - submission made on behalf of the Revenue that there was a mistake in the reasons recorded - Held that - A reopening notice under Section 148 of the Act seeks to reopen settled issues between the State and the Assessee with regard to the income tax dues of the Assessee. The basis of jurisdiction to reopen an Assessment is reason to believe of the Assessing Officer that income chargeable to tax has esc....... + More


  • 2018 (2) TMI 185 - DELHI HIGH COURT

    Principal Commissioner of Income Tax, Delhi-10 Versus Jagdish Prasad Gupta

    Accrued or a contingent liability - liability of the Assessee to pay enhanced licence fee - Revisions of licence fees - Tax treatment of claim of licence fee as deduction - whether licence fee payable to the Railways to be an accrued liability? - Held that - The question of law in this appeal are no longer res integra; they have been concluded by the common judgment of this Court in Jagdish Prasad Gupta v. CIT 2017 (8) TMI 734 - DELHI HIGH COURT ....... + More


  • 2018 (2) TMI 184 - MADRAS HIGH COURT

    M/s. Narayanan Chettiar Industries Versus The Chief Commissioner of Income Tax

    Entitled to waiver of interest levied u/s 220 (2A) - rectification of mistake - Held that - A perusal of the impugned order does not reveal any cogent reason for rejecting the request of the petitioner. The respondent is bound to consider the Petition, as to whether the petitioner fulfilled all the three conditions laid down under Section 220 (2A) and record reasons, as to how, the petitioner is not entitled to the waiver of penal interest. - Jun....... + More


  • 2018 (2) TMI 183 - KARNATAKA HIGH COURT

    Mrs. S. Savithri Versus The Income Tax Officer 5 (2) (5) , Bangalore

    Validity of Notice u/s 133 (6) - Notice addressed to a deceased person - liability of legal representatives - Held that - This Court is satisfied that the present petition is misconceived and cannot be entertained. The Noticee even if deceased, the Legal Representatives or the persons who inherit the estate of the decreased persons will have to comply with the said Notice for furnishing the requisite information. The very purpose of the provision....... + More


  • 2018 (2) TMI 114 - DELHI HIGH COURT

    Pr. Commissioner of Income Tax-11 Versus Satya Sheel Khosla

    Non-compete fee - Amount per annum received by the assessee/respondent for two years - compensation received for not providing the benefit of his knowledge of regulatory matters, negotiating skills and strategic planning expertise to any other person in India in the two wheeler segment for a period of two years from the date of the Agreeement - whether was more of a revenue character and was therefore taxable by virtue of Section 17(3) or under S....... + More


  • 2018 (2) TMI 113 - DELHI HIGH COURT

    Commissioner Of Gift Tax Versus M/s Jindal Equipment Leasing, M/s. Stainless Investments Ltd. & Mansarover Investment Ltd.

    Validity of assessment framed u/s 16 (1) of the Gift Tax Act - whether condition precedent for reassessment of the proceedings under the said provision was not satisfied? - Held that - It is not disputed that in Abhinandan Investments 2015 (11) TMI 1219 - DELHI HIGH COURT this Court reversed the ITAT s findings and held that the consideration received and shown by the assessee to be a capital loss in income tax proceedings was a device. - At the ....... + More


  • 2018 (2) TMI 112 - BOMBAY HIGH COURT

    The Commissioner of Income Tax Versus M/s. B.G. Chitale

    Deduction u/s 80IA(4) and 80IA(5) - whether deduction is with reference to the profits derived from eligible business of the assessee and not with reference to the profits derived from every unit engaged in the eligible business? - Held that - As decided in Hercules Hoists Ltd. (2017 (6) TMI 1125 - BOMBAY HIGH COURT) no error committed by the Tribunal in allowing the deduction of the profit u/s 80IB(5) of the Act without deducting the losses of t....... + More


  • 2018 (2) TMI 111 - ALLAHABAD HIGH COURT

    M/s Verma Roadways Through its Partner R.K. Verma Versus Assistant Commissioner of Income Tax And The Commissioner Of Income Tax, Kanpur & Another Versus M/s Verma Roadways

    Validity of search and seizure operation u/s 132(1) - whether authorization, search and seizure and subsequent proceedings all relate to assessee or not? - assessment under Section 158BC - Held that - Tribunal has not examined sufficiency of material on which authorization under Section 132(1) was issued by competent authority but has examined identity of person in respect of whom authorization was issued under Section 132 (1) and search and seiz....... + More


  • 2018 (2) TMI 110 - MADRAS HIGH COURT

    M/s. Rapid Care Transcription P. Ltd. Versus The Income Tax Officer

    Notice u/s 226(3)(iii) - attachment orders - Held that - This Court would be fully justified in issuing appropriate direction to re-credit the amount to the petitioner s bank accounts. However, since it is represented that the petitioner is already in the process of filing Appeal to the ITAT, this Court is inclined to grant liberty to the petitioner to seek for such relief before the ITAT. It is further represented that, apart from the above two ....... + More


  • 2018 (2) TMI 61 - GUJARAT HIGH COURT

    Lambda Therapeutic Research Limited Versus The Assistant Commissioner of Income Tax

    Reopening of assessment - disallowance u/s 80-IB(8A) - change of opinion - Held that - It is pertinent note that the Assessing Officer while reworking the deduction has observed that The detailed scrutiny of the claim of the assessee revealed that while claiming the deduction the assessee has not excluded the notice pay income and other income being not eligible for deduction under section 80IB of the Income Tax Act, 1961 . The said observation b....... + More


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