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814 orders · Page 11 of 17
The High Court held that the reopening of assessment under Section 147/148 was not valid. The AO's belief that income had escaped assessment was considered arbitrary and irrational, lacking a rational nexus with relevant material.
The High Court dismissed the appeal, stating the issue was covered by its prior judgment in Commissioner of Income Tax Vs Tata Elxi Limited. It also provided for consequential orders if the Supreme Court were to reverse the High Court's judgment.
The High Court dismissed the appeal, stating the issue was covered by a prior judgment. It also provided for consequential orders if the Supreme Court reverses the High Court's decision.
The High Court held that the first question of law was covered by a previous judgment of the same court. Consequently, the assessee's status as a Trust and its entitlement to exemptions were upheld.
The High Court decided the first question of law in favor of the assessee, following a previous judgment. For the second question, the court found the figures incorrect and directed the Tribunal to re-adjudicate the issue of unaccounted donations.
The High Court held that the first question of law was covered by a previous judgment of the same court. Consequently, the assessee's status as a Trust and its entitlement to exemptions were upheld.
The High Court decided the first question of law in favor of the assessee, following a previous judgment. The second question was not to be answered as it did not arise from the facts.
The High Court decided the first three questions of law in favor of the assessee, relying on previous judgments. The fourth question was remanded back to the Tribunal for fresh adjudication as it was decided without considering the specific facts of the case.
The High Court decided the first question in favor of the assessee, following a previous judgment. For the second question, as the matter was already remanded by the ITAT, the court found no substantial question of law arose.
The tribunal held that the property in question remained coparcenary property even after the Hindu Succession Act, 1956, and subsequent partitions. Consequently, the daughters are entitled to an equal share in the coparcenary property.
The High Court held that the allotment of shares to erstwhile partners in a successor company must be completed within a reasonable period, ideally within the relevant previous year of succession. A delay of 3-4 years was deemed unreasonable, leading to the applicability of capital gains tax.
The High Court decided the first question in favour of the assessee, following a previous judgment. For the second question, the Court found the figures incorrect and directed the Tribunal to re-adjudicate the issue de novo.
The High Court held that the recording of reasons is essential for fair procedure and that failure to assign reasons amounts to a denial of justice. The orders were found to be irrational and lacking comprehensible justification.
The High Court found that the Tribunal erred in adding 50% of the income towards future prospects and that the claimant's income tax returns indicated no loss of earning capacity. The compensation was reduced accordingly.
The High Court held that the repeated large cash repayments, despite the assessee dealing in crores, did not constitute a reasonable cause for violating Section 269T. The purpose of Section 269T would be frustrated if such repeated violations were excused.
The High Court held that payments for supply of materials within composite contracts for Turn Key Projects are not subject to TDS under Section 194C. Similarly, payments for Bill Management Services were held to be covered under Section 194C, not Section 194J.
The High Court held that payments for supply of materials within composite contracts for Turn Key Projects are not subject to TDS under Section 194C. Similarly, payments for Bill Management Services were held to be covered under Section 194C, not Section 194J.
The High Court held that the trial court's dismissal was premature as the plaintiff had not yet led his evidence. The plaintiff was given liberty to reapply after completing his evidence if necessary.
The High Court held that payments for supply of materials within composite contracts for Turn Key Projects are not subject to TDS under Section 194C. Similarly, payments for Bill Management Services were held to be covered under Section 194C, not Section 194J.
The Tribunal condoned the delay in the assessee's appeal, finding sufficient reason for it, and remanded the matter for fresh decision on merits. The High Court found the Tribunal's reasons for condoning the delay satisfactory and did not interfere with the order.
The High Court held that even if one reason for reopening is invalid, the Assessing Officer can make additions based on other reasons that come to notice during proceedings. However, the rent paid to related parties was to be assessed based on a previous High Court decision concerning the same assessee.
The High Court held that the reassessment proceedings were illegal and unsustainable due to a violation of the principles of natural justice. The petitioner was not provided with the statements forming the basis of the reassessment notice, nor was an opportunity for hearing granted.
The High Court held that payments for supply of materials within composite contracts for Turn Key Projects are not subject to TDS under Section 194C. Similarly, payments for Bill Management Services were held to be covered under Section 194C, not Section 194J.
The Tribunal confirmed the order of the First Appellate Authority, which modified the Assessing Officer's order. The authorities accepted the net profit at 8% of the total turnover, considering the assessee's disclosure and the practice in similar real estate businesses.
The High Court held that payments for supply of materials within composite contracts for Turn Key Projects are not subject to TDS under Section 194C. Similarly, payments for Bill Management Services were held to be covered under Section 194C, not Section 194J.
The High Court held that payments for supply of materials within composite contracts for Turn Key Projects are not subject to TDS under Section 194C. Similarly, payments for Bill Management Services were held to be covered under Section 194C, not Section 194J.
The High Court held that the notice issued under Section 148 was not valid as it was issued beyond the limitation period prescribed by Section 149, following the Apex Court's decision in M/s.Spences Hotels (P) Limited.
The High Court found a violation of natural justice as the petitioner was not provided with copies of the statements forming the basis of the reassessment. The reassessment order was deemed illegal and unsustainable.
The tribunal held that the respondent company had admitted its liability and failed to comply with the repayment terms, thus making out a case for winding up. The petition was allowed, and the Official Liquidator was appointed.
The High Court found no justification to entertain the review petition. It stated that if there was an error in the finding, the proper remedy was an appeal, not a review. The review petition was dismissed.
The tribunal held that non-furnishing of reasons for re-opening and the violation of natural justice by not providing the statement of another person were grounds to set aside the re-assessment proceedings. The dismissal of the writ petition on the ground of alternative remedy was not justified.
The Tribunal was justified in holding that the reopening of assessment was based on a change of opinion. The issue regarding the eligibility of income from technical services for deduction under Section 10A had already been considered and addressed by the Assessing Officer in the original assessment.
The High Court of Karnataka considered the memo filed by the appellant's counsel seeking withdrawal of the appeal. The appellant requested liberty to revive the appeal. The Court permitted the appellant to withdraw the appeal but explicitly denied the liberty to revive it. Consequently, the appeal was dismissed as withdrawn. No substantial questions of law were formulated or decided, and the ITAT's order was not adjudicated upon its merits. The operative direction was the dismissal of the appeal as withdrawn without liberty to revive.
The tribunal held that the trial court's order preserving the examination-in-chief evidence without it passing through the test of cross-examination was erroneous. Incomplete evidence cannot be acted upon.
The High Court held that Circular No.17/2019, which sets monetary limits for appeals, is applicable to pending proceedings. Therefore, the appeal was dismissed as not maintainable.
The High Court held that for composite contracts including material supply, Section 194C is not attracted for deducting tax at source on the material component if it's a distinct contract. For bill management services, it was held to be a service contract covered under Section 194C, not Section 194J.
The High Court decided the first question in favor of the assessee, following a previous judgment. For the second question, as the matter was already remanded by the ITAT, the court found no substantial question of law arose.
The High Court held that for composite contracts including material supply, Section 194C is not attracted for deducting tax at source on the material component if it's a distinct contract. For bill management services, it was held to be a service contract covered under Section 194C, not Section 194J.
The High Court of Karnataka, in its order dated August 11, 2015, noted that the learned counsel for the appellants (the Revenue) stated that the appellants did not wish to press the appeal. Consequently, the High Court dismissed the appeal as not pressed. No findings were made on the merits of the case, and the ITAT's order dated January 13, 2015, was not adjudicated upon. The operative direction was solely the dismissal of the appeal. No issues were expressly left undecided as the appeal was disposed of on a procedural ground.
The High Court held that for composite contracts including material supply, Section 194C is not attracted for deducting tax at source on the material component if it's a distinct contract. For bill management services, it was held to be a service contract covered under Section 194C, not Section 194J.
The High Court held that the accused failed to dislodge the statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act. The defenses raised by the accused were not found to be probable enough to rebut the presumption of a legally enforceable debt.
The High Court held that the assessee is entitled to renewal recognition under Section 80G. This decision was based on a previous similar judgment where the issue was decided in favor of the assessee.
The High Court held that for composite contracts including material supply, Section 194C is not attracted for deducting tax at source on the material component if it's a distinct contract. For bill management services, it was held to be a service contract covered under Section 194C, not Section 194J.
The High Court sanctioned the scheme of arrangement for the demerger, finding it to be beneficial and not causing prejudice to any party. The court noted the lack of objections from the Income Tax Department and compliance with the Registrar of Companies' observations.
The tribunal held that non-furnishing of reasons for re-opening and the violation of natural justice by not providing the statement of another person were grounds to set aside the re-assessment proceedings. The dismissal of the writ petition on the ground of alternative remedy was not justified.
The High Court set aside the single judge's order and modified it, restoring the assessment orders and the appeals against them. The Appellate Authority was directed to obtain a report from the assessing authority, allowing the assessee to submit additional documents and examine witnesses.
The Tribunal erred in reversing the CIT(A)'s finding and restoring the Assessing Officer's estimation of agricultural income. The reassessment notices were also found to be invalid as they were based on an assessment order that was set aside.
The High Court followed its earlier judgment in the Canfin Homes Ltd. case. The issue in this appeal was identical to the previously decided case.
The High Court held that the assessee was not entitled to the benefit under the KVSS because the Revenue had succeeded in a related appeal (ITA 1029/2006). Consequently, the recovery notices and the prayer for a KVSS certificate were deemed unavailable to the petitioner.
The Tribunal held that the Assessing Authority cannot dictate how a business should be run. The interest expenditure was allowable as it was incurred for the purpose of the assessee's business and not barred by any express provision of the Act.