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368 orders · Page 3 of 8
The High Court dismissed the appeal without going into the merits. This was based on a previous judgment that held CBDT Instruction No. 3 of 2011, regarding tax effect for appeals, to be retrospective.
The High Court found that the interim maintenance awarded was hardly sufficient for the wife and daughter's maintenance. Therefore, no interference with the Family Court's order was warranted.
The High Court held that the order rejecting the rectification application was vitiated due to the denial of a hearing. The court quashed the impugned order and directed the Assessing Officer to reconsider the application after providing a hearing.
The High Court held that it was not appropriate to interfere with the attachment order and its extensions as the assessments were still pending. However, it directed the Assessing Authority to complete the assessments within the extended period.
The Tribunal held that the service income earned by the assessee for services rendered in India was not of a nature similar to brokerage, commission, interest, rent, or charges, and therefore, 90% of it could not be excluded from the business profits for calculating the deduction under Section 80HHE.
The High Court allowed the withdrawal of the writ appeals. The appellant was granted liberty to make an appropriate application before the learned single judge for consequential orders.
The High Court allowed the Revenue's appeal, setting aside the ITAT's order. The matter was restored to the ITAT for a fresh decision in accordance with the High Court's previous judgment.
The High Court held that miscellaneous income from penal interest and pre-closure charges is eligible for deduction under Section 36(1)(vii) in favor of the assessee. However, lease equalization reserve and provisions for contingencies must be added back for book profit computation under Section 115JB, in favor of the revenue.
The High Court held that the payments received by the assessee from Siemens AG were revenue receipts. The court found that the objective of the payments was to enable the company to run more profitably and cover recurring expenses, rather than for acquiring capital assets or expansion.
The Income Tax Appellate Tribunal allowed the assessee's appeal, holding that the purchase of scrap from the Railways could not be doubted. The High Court found no substantial question of law and dismissed the Revenue's appeal.
The High Court allowed the assessee to file a revised return of income claiming set-off of loss from its UK branch within four weeks. The appropriate authority was directed to consider the condonation of delay and the revised return expeditiously, taking into account the time spent in litigation.
The High Court held that the substantial question of law was answered in favor of the revenue based on a prior judgment. The Assessing Officer was directed to pass consequential orders only after the Supreme Court disposes of the related SLP.
The High Court allowed KSRTC to deduct income tax on the gratuity amount exceeding Rs. 3,50,000/-. The court also upheld the inclusion of the employee's 'badli' service period for gratuity calculation.
The High Court held that the specialized process of bottling LPG gas into cylinders, requiring independent plant and machinery, results in a new and distinct marketable product, 'gas cylinder' containing gas. Therefore, it amounts to a production activity for the purpose of Section 80IB.
The High Court, following a co-ordinate bench's decision, set aside the orders of the lower authorities and remanded the matter to the Assessing Officer for fresh consideration.
The Tribunal confirmed the order of the CIT(A) which held that the reopening of assessment was bad in law because returns had been filed. The High Court found no reason to interfere with this decision.
The High Court held that the appeal was not maintainable. The court considered the CBDT instruction and Section 268A of the Act, which govern the maintainability of appeals based on tax effect.
The Tribunal held that claiming set off of a business loss, even if not legally permissible due to a belated return, does not amount to concealment of income or furnishing inaccurate particulars. Such a claim is at most an incorrect return, not a basis for penalty under Section 271(1)(c).
The High Court ordered the petitioner to take steps within one week. Failure to do so would result in the petition being dismissed.
The Tribunal held that the transmission charges were hypothetical income due to uncertainty of recovery and a dispute among states, and therefore, not taxable in the relevant assessment year. The High Court agreed that only real income, not hypothetical income, is taxable.
The High Court set aside the ITAT's order and restored the appeal to the Tribunal. The Tribunal was directed to decide the appeal on its merits in accordance with the law.
The High Court set aside the ITAT's order and remanded the matter back to the Tribunal for a fresh decision on all issues, except the validity of re-opening the assessment under Section 148.
The High Court allowed the withdrawal of the writ appeals. The appellant was granted liberty to raise all contentions, including questions of law, in another pending appeal (W.A.No.5789/13).
The High Court held that the Review Petition was not maintainable. The reasoning was based on the fact that the Revenue had not challenged the impugned order before the Apex Court and that the Circular No. 5 of 2008 did not support challenging adverse judgments on the ground of their recurring nature. The Court dismissed the review petition. However, it clarified that this dismissal would not prevent the Revenue from reviving the appeal if the judgment in the case of Ranka and Ranka (72 DTR 270) was reversed by the Apex Court. No specific amount in dispute was mentioned. The Court did not decide on the merits of the original appeal (ITA No.1086 of 2008).
The High Court dismissed the application for condonation of delay due to insufficient explanation. Consequently, the review petition itself was also dismissed as devoid of merits.
The High Court dismissed the application for condonation of delay due to insufficient and unconvincing reasons. Consequently, the review petition itself was also dismissed as lacking merit.
The High Court held that the writ petition had become infructuous because the main petition in G & WC No.71/2011 had already been disposed of. The interim orders merged with the final order.
The High Court held that the writ petition was not maintainable as the petitioner had alternative remedies available. The petitioner was directed to pursue their stay application before the CIT(A).
The High Court held that the consideration received for the transfer of technical know-how is an intangible asset and is taxable under the head 'Capital Gain'. The ITAT's decision that it was a capital receipt not liable for tax was found to be contrary to law.
The Tribunal erred in disallowing the payments and restoring the Assessing Officer's order. The High Court held that the retrospective amendment of Section 40(a)(ia) applied, allowing the deduction.
The High Court of Karnataka, Dharwad Bench, dismissed the appeal filed by the Revenue. The Court noted that the substantial question of law arising in this appeal had been considered by the Court on the same day in I.T.A. No.5018/2012. In that related case, the Court had held that any payment made to the Government is to be treated as legal tender and cannot be deleted when computing income. Consequently, the High Court found no substantial question of law in the present appeal and confirmed the order of the Income Tax Appellate Tribunal. The operative direction was the dismissal of the appeal.
The Tribunal held that payments made to the Government, even in cash for scrap purchase, should be considered legal tender and not subject to disallowance under Section 40A(3). Therefore, the addition made by the Assessing Officer was erroneous.
The Tribunal dismissed the Revenue's appeal and partly allowed the assessee's cross-objection. The High Court found no substantial question of law, as the issue of TDS on freight charges was a question of fact.
The High Court held that the Vice-Chancellor did not apply his mind to the petitioner's application for extension under extraordinary circumstances. The rejection was mechanical, and the matter needed reconsideration.
The Tribunal and the High Court held that the ship owner was the beneficiary of the freight, not the charterer. Consequently, the assessee was deemed to be acting as an agent for the ship owner.
The tribunal held that when retiring partners only receive money and there is no distribution of capital assets, it does not constitute a transfer of a capital asset. Therefore, capital gains tax under Section 45(4) is not leviable.
The Tribunal allowed the set-off for miscellaneous receipts based on a previous order, which was later set aside by the High Court. The High Court found that the assessee failed to produce evidence for these receipts and therefore, the Tribunal's order was unsustainable.
The High Court noted that if the defendant failed to produce the documents, the petitioner could use Order 16 CPC to summon the Income Tax and Wealth Tax Departments. Since the petitioner had already utilized Order 16 Rule 6 CPC, the court found no reason to interfere.
The High Court held that the Tribunal's reduction of penalty was not justified, as a previous High Court order in a similar case involving the same assessee had set aside such a reduction. The Court found that the reasons for non-compliance were not tenable for the entire period.
The Tribunal held that the assessee could not prove that the incorrect return was due to fraud by Bellary Steel and that the assessee was not completely ignorant of the non-existence of the assets. Therefore, the claim of depreciation was considered a furnishing of inaccurate particulars or concealment of income.
The High Court held that the addendum to the show cause notice did not structurally alter the original notice and was not barred by limitation, as no specific limitation period was prescribed for duty drawback recovery. The court found no merit in the petitioners' contentions.
The High Court found no infirmity in the trial court's order to produce income tax returns. The court reasoned that these returns were necessary to ascertain expenditures related to the theatre, which was crucial for determining the plaintiff's share.
The High Court directed the first respondent (Chief Commissioner of Central Excise) to consider IBM's request to exit the LTU scheme. This consideration should be in light of other companies that were allowed to transfer their proceedings and relevant sections of the Income Tax Act.
The High Court upheld the CAT's decision to refuse an interim stay on the reversion order. The court found that the CAT was justified in its prima facie satisfaction that the reversion was in line with the earlier tribunal order.
The court directed the passport office to process the application if the school provided an undertaking. This undertaking should confirm the student's participation in the program and their return to India, thereby satisfying the requirement for parental consent in cases of separated parents.
The High Court modified the orders of the Controlling and Appellate Authorities based on the out-of-court settlement. The Corporation agreed to pay a reduced gratuity amount with interest, and the workman would receive this amount.
The Court noted that the petitioner, who was appearing as a party in person, was absent. Consequently, the writ petition was dismissed.
The High Court noted the absence of the petitioner and the presence of the respondents' counsel. Consequently, the Court dismissed the writ petition.
The High Court held that the assessee failed to prove the genuineness of the lease transactions and the existence of the assets. Therefore, the claim for depreciation was not allowable.