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513 orders · Page 7 of 11
The High Court held that the defendant failed to rebut the presumption under Section 118 of the Negotiable Instruments Act. The defendant's evidence regarding the lost cheque and alleged collusion was insufficient.
The Tribunal held that carbon credits are generated due to environmental concerns, not as a direct offshoot of the business activity. Therefore, the sale proceeds are capital receipts and not taxable business income. Consequently, the revision order was not prejudicial to the revenue.
The High Court directed the Commissioner of Income Tax to consider the petitioner's application for condonation of delay within two months. Subsequently, the Income Tax Officer was to consider the returns filed by the petitioner and pass appropriate orders regarding the refund claim.
The High Court found no infirmity in the executing court's order to issue an arrest warrant. The court held that the decree holder had discharged the burden of proving the judgment debtor had sufficient means to pay, based on income tax returns.
The High Court directed the Commissioner of Income Tax to consider the petitioners' applications for condonation of delay within two months. Subsequently, the Income Tax Officer was to consider the refund claims within three months thereafter.
The High Court held that the Appellate Authority had not considered the certificate regarding the payee's tax payment. The matter was remitted for fresh consideration by the Appellate Authority in light of the proviso to Section 201(1).
The High Court found that the Appellate Authority had not considered the certificate regarding the payee's tax payment. Therefore, the matter was remitted for fresh consideration by the Appellate Authority.
The High Court found that the issue was covered by a Madras High Court decision relied upon by the Tribunal. The court also held that the order was not prejudicial to the Revenue.
The High Court found that the issue was covered by a Madras High Court decision relied upon by the Tribunal. The court also held that the order was not prejudicial to the Revenue.
The High Court held that paving bricks/blocks are not covered by the specific entry for bricks and are therefore taxable under the residuary entry. The court found that the common parlance test distinguishes between bricks used for construction and paving blocks used for flooring or compound walls.
The petitioner's counsel filed a memo seeking to withdraw the writ petitions. Consequently, the High Court dismissed the petitions as not pressed.
The High Court directed the Income Tax Officer to refund the deposited amount of Rs. 12,50,000/- along with applicable interest to the petitioner. This order is to be passed within 8 weeks from the receipt of the order.
The High Court granted permission for the withdrawal of the appeals. The withdrawal was not to operate as a bar for filing a fresh appeal, but the issue of limitation would be considered later.
The Tribunal held that the TPO has no authority to disallow expenditure based on lack of commensurate benefit and that the TPO should recompute the ALP. The High Court found no substantial question of law and dismissed the appeals.
The High Court of Karnataka, Dharwad Bench, granted permission to the petitioner to withdraw the writ petitions. Consequently, the writ petitions were dismissed as withdrawn. No decision was made on the merits of the case or the validity of the impugned orders passed by the Income Tax Officer. The court's finding was limited to allowing the withdrawal request.
The High Court held that the impugned circular was issued based on Section 22A of the Act, which was declared unconstitutional by the Supreme Court. Therefore, the circular and all subsequent circulars issued under Section 22A were quashed.
The High Court found that the appellants had been given sufficient opportunities at multiple stages to produce evidence but failed to do so. The court noted that the appellants themselves admitted to not having vouchers or addresses for the claimed expenses.
The High Court held that the plaintiff failed to establish the existence of a joint family and the devolution of properties. Consequently, the trial court erred in holding certain properties amenable for partition.
The High Court set aside the orders of the competent authority and the learned single judge, directing the CIT(Appeals) to decide the appeal within six months. Until then, no coercive steps for tax recovery would be taken.
The High Court acknowledged the submission of both parties that the review petition had become infructuous. Therefore, the court disposed of the review petition without further consideration of its merits.
The High Court noted the concession made by the learned counsel for the appellants (revenue) regarding the tax effect of Rs. 14,17,621/-. Following the Circular dated 10/12/2015, which states that appeals with a tax effect below Rs. 20.00 lakh should not be pressed, the Court held that the appeal was not to be pressed. Consequently, the appeal was disposed of as not pressed. No specific findings were made on the merits of the ITAT's order, and the operative direction was to dispose of the appeal as not pressed.
The High Court held that the substantial questions of law were already covered by its previous decision in CIT vs. Tata Elxsi Ltd. Therefore, no new substantial questions of law arose for consideration.
The tribunal held that denying the petitioner the benefit of IPS 2002 was unreasonable and unfair, as the development was completed within the grace period. The petitioner is entitled to the tax benefits under IPS 2002, with a potential denial of tax holiday for one financial year.
The tribunal held that denying the petitioner the benefit of IPS 2002 was unreasonable and unfair, as the development was completed within the grace period. The petitioner is entitled to the tax benefits under IPS 2002, with a potential denial of tax holiday for one financial year.
The tribunal held that denying the petitioner the benefit of IPS 2002 was unreasonable and unfair, as the development was completed within the grace period. The petitioner is entitled to the tax benefits under IPS 2002, with a potential denial of tax holiday for one financial year.
The court held that the petitioner could not challenge the tender terms after participating in the process and that the state has the right to set tender conditions. The court also found no evidence that the tender conditions were not made available.
The tribunal found no justification for the corporation's claims regarding the employee's absence or deductions. It held that gratuity cannot be reduced by such deductions and that receiving a lesser amount initially does not forfeit the employee's right to the full entitlement.
The High Court found the delay of over ten years to be unsatisfactory and not sufficiently explained. The Appellate Authority's decision to condone the delay was deemed unjustified.
The High Court set aside the orders of the Single Judge and the First Appellate Authority. The matter was remanded back to the Appellate Authority for reconsideration, specifically on the applicability of the first proviso to Section 201(1) of the Income Tax Act.
The High Court set aside the impugned order of the Single Judge and the order of the First Appellate Authority. The matter was remitted to the Appellate Authority for reconsideration.
The High Court set aside the impugned order of the learned Single Judge and the order of the First Appellate Authority. The matter was remitted to the Appellate Authority for reconsideration, specifically to examine the applicability of the first proviso to Section 201(1) of the Income Tax Act.
The High Court set aside the impugned order of the learned Single Judge and the order of the First Appellate Authority rejecting the interim stay application. The matter was remitted to the Appellate Authority for reconsideration.
The High Court found that the Tribunal had not examined the crucial aspect of the satisfaction note required for proceedings under Section 153C. Therefore, the matter was remanded back to the Tribunal for a fresh examination of this issue and other merits if necessary.
The High Court found that the Tribunal had not examined the crucial aspect of the satisfaction note required for proceedings under Section 153C. Therefore, the matter was remanded back to the Tribunal for a fresh examination of this issue and other merits if necessary.
The High Court noted that the primary question was covered by its own prior decision in Tata Elxsi Ltd. The Court also observed that other questions were not pressed by the Revenue. Therefore, the appeal was dismissed subject to an observation regarding potential future proceedings.
The High Court sanctioned the scheme of amalgamation, allowing the transferor companies to be dissolved without winding up. The court noted that the order would be without prejudice to any CBI inquiry and directed the transferee company to comply with certain capital increase requirements.
The Tribunal upheld the CIT(Appeals) order, stating that co-operative societies are not required to deduct tax at source on interest paid to members, relying on a previous ITAT decision. This decision was subsequently upheld by the High Court.
The High Court found that the Tribunal had not examined the crucial aspect of the satisfaction note required for proceedings under Section 153C. Therefore, the matter was remanded back to the Tribunal for a fresh examination of this issue and other merits if necessary.
The Tribunal held that the sale of products emanating from R&D work should not be reduced from R&D expenditure, as these are business receipts. It also held that no disallowance under Section 14A is warranted when interest-free funds available to the assessee exceed the investments made in tax-free securities.
The High Court sanctioned the Scheme of Amalgamation, finding that it was not contrary to law and that no objections were raised by any interested parties. The Transferor Companies were ordered to be dissolved without winding up.
The High Court held that the State Government's claim over the land was not substantiated, as the Maharaja's intended donation for public purposes was never legally completed. Therefore, the cancellation of the layout plan was unjustified.
The High Court held that the Appellate Authority should consider the petitioner's application for stay in light of a departmental circular. The court found no warrant for its own interference at this stage.
The High Court held that the Rs. 44,00,000/- advanced was unaccounted cash and not a legally enforceable debt. Protection under law cannot be granted to those who have violated the law themselves by dealing with unaccounted cash.
The Tribunal held that the distribution of assets upon dissolution of an AOP is not a transfer of assets for capital gains tax purposes. The amount received by the assessee was considered a capital receipt and not taxable as capital gains.
The High Court held that since the ITAT followed a binding precedent from the High Court itself, no substantial question of law arose. The appeal was dismissed, but with a liberty for the Revenue to take appropriate proceedings if the Supreme Court's decision differs.
The High Court held that the Tribunal was justified in following the existing High Court judgment, even though it was under appeal before the Supreme Court. The appeal was dismissed subject to the observation that the Revenue could take appropriate proceedings if the Supreme Court ruled otherwise.
The High Court upheld the ITAT's decision, stating that the absence of a completion certificate is not a bar to claiming deduction under Section 80IB(10) if construction is proven. The court noted that the law does not mandate such a certificate for claiming the deduction.
The Court directed the bank to file a statement with the Income Tax department, mentioning the petitioner's PAN, to grant the benefit of TDS on the interest earned. The Income Tax department was directed to accept the statement and provide the benefit.
The High Court agreed with the Gujarat High Court's view that the amendment to Section 40(a)(ia) was curative in nature and should be given retrospective effect from April 1, 2005. The Tribunal had erred in holding it prospective.
The High Court held that the jurisdictional High Court's decision in Tata Elxsi, which was binding, covered the issue. Therefore, no substantial question of law arose for consideration.