Gujarat High Court Case Commentaries

Affidavit-Based Retractions and the Non-Admissibility of Survey Statements as Basis for Additions: Commissioner Of Income Tax Rajkot III v. M P Scrap Traders

Date: Jul 2, 2014

Affidavit-Based Retractions and the Non-Admissibility of Survey Statements as Basis for Additions: Commissioner Of Income Tax Rajkot III v. M P Scrap Traders Introduction The case of Commissioner Of...

Protective Assessment and Penalty Prohibition: Bhailal Manilal Patel v. Income-Tax

Date: Jun 24, 2014

Protective Assessment and Penalty Prohibition: Bhailal Manilal Patel v. Income-Tax Introduction The case of Bhailal Manilal Patel v. Income-Tax decided by the Gujarat High Court on June 23, 2014,...

Reaffirmation of Educational Exemption under Section 11: Director Of Income-Tax (Exemption) v. Ahmedabad Management Association

Date: Jun 14, 2014

Reaffirmation of Educational Exemption under Section 11: Director Of Income-Tax (Exemption) v. Ahmedabad Management Association Introduction The case of Director Of Income-Tax (Exemption) v....

Reaffirming the Limits of Reassessment: Insights from Commissioner Of Income Tax - I (S) v. Ankit C Maheshwari

Date: Jun 11, 2014

Reaffirming the Limits of Reassessment: Insights from Commissioner Of Income Tax - I (S) v. Ankit C Maheshwari Introduction The case of Commissioner Of Income Tax - I (S) v. Ankit C Maheshwari...

Clarifying the Applicability of Penalty under Section 271(1)(C): Insights from Commissioner of Income Tax - II (S) v. Dharamshi B Shah (S)

Date: Jun 10, 2014

Clarifying the Applicability of Penalty under Section 271(1)(C): Insights from Commissioner of Income Tax - II (S) v. Dharamshi B Shah (S) Introduction The case of Commissioner of Income Tax - II (S)...

Reaffirming Reassessment Jurisdiction Under Sections 147 & 148 of the Income Tax Act

Date: May 7, 2014

Reaffirming Reassessment Jurisdiction Under Sections 147 & 148 of the Income Tax Act Introduction The case of Yogendrakumar Gupta Petitioner(S) v. Income Tax Officer (S) adjudicated by the Gujarat...

Rajhans Builders v. Dy. Commissioner Of Income Tax: Establishing Procedural Compliance under Section 153C of the Income Tax Act

Date: May 6, 2014

Rajhans Builders v. Dy. Commissioner Of Income Tax: Establishing Procedural Compliance under Section 153C of the Income Tax Act Introduction The case of Rajhans Builders Petitioner(S) v. Dy....

Gujarat High Court Establishes Strict Compliance for Cash Transactions under Section 269SS

Date: Apr 29, 2014

Gujarat High Court Establishes Strict Compliance for Cash Transactions under Section 269SS Introduction The case of Commissioner Of Income-Tax v. Maa Khodiyar Construction adjudicated by the Gujarat...

SEZ Act's Non Obstant Clause Precludes State VAT on SEZ Units' Inputs: Torrent Energy Ltd vs State of Gujarat

Date: Apr 17, 2014

SEZ Act's Non Obstant Clause Precludes State VAT on SEZ Units' Inputs: Torrent Energy Ltd vs State of Gujarat 1. Introduction The case of Torrent Energy Limited vs. State Of Gujarat & 2 (S) was...

United India Insurance Co. Ltd. v. Minor Mahesh Kanubhai & 2 Others: Clarifying Insurer Liability Towards Gratuitous Passengers

Date: Apr 8, 2014

United India Insurance Co. Ltd. v. Minor Mahesh Kanubhai & 2 Others: Clarifying Insurer Liability Towards Gratuitous Passengers Introduction The case of United India Insurance Co. Ltd. v. Minor...

Clarification on Remand Powers under section 85 of the Finance Act, 1994: Commissioner of Service Tax v. Associated Hotels Ltd.

Date: Apr 4, 2014

Clarification on Remand Powers under section 85 of the Finance Act, 1994 1. Introduction The case of Commissioner Of Service Tax v. Associated Hotels Ltd. adjudicated by the Gujarat High Court on...

Interpretation of 'Manufacture' under Section 10B: Insights from Commissioner of Income Tax (S) v. Mitesh Impex Opponent(S)

Date: Apr 3, 2014

Interpretation of 'Manufacture' under Section 10B: Insights from Commissioner of Income Tax (S) v. Mitesh Impex Opponent(S) Introduction The case of Commissioner of Income Tax (S) v. Mitesh Impex...

High Court's Authority to Review Tax Appeals under Section 260A and Section 21 CPC: Insights from Samarth Health Care v. Income Tax

Date: Apr 2, 2014

High Court's Authority to Review Tax Appeals under Section 260A and Section 21 CPC: Insights from Samarth Health Care v. Income Tax Introduction Samarth Health Care v. Income Tax is a pivotal...

Gujarat High Court Establishes Criteria for Section 80IB(10) Deductions in Housing Development and FSI Sale

Date: Apr 2, 2014

Gujarat High Court Establishes Criteria for Section 80IB(10) Deductions in Housing Development and FSI Sale Introduction The case of Commissioner Of Income Tax-I (S) v. Shreenath Infrastructure...

Interpretation and Extension of Unabsorbed Depreciation Carry Forward: Sahkari Khand Udyog Mandal Ltd. v. Assistant Commissioner Of Income-Tax

Date: Apr 1, 2014

Interpretation and Extension of Unabsorbed Depreciation Carry Forward: Sahkari Khand Udyog Mandal Ltd. v. Assistant Commissioner Of Income-Tax Introduction The case of Sahkari Khand Udyog Mandal Ltd....

Reopening of Income Tax Assessment under Section 148: Comprehensive Analysis of Lalita Ashwin Jain v. Income Tax Officer

Date: Mar 26, 2014

Reopening of Income Tax Assessment under Section 148: Comprehensive Analysis of Lalita Ashwin Jain v. Income Tax Officer Court: Gujarat High Court Date: March 25, 2014 Introduction The case of Lalita...

Gujarat High Court Upholds Inclusion of Foreign Exchange Gains in Export Profits under Section 80HHC

Date: Mar 13, 2014

Gujarat High Court Upholds Inclusion of Foreign Exchange Gains in Export Profits under Section 80HHC Introduction The legal landscape surrounding tax deductions for export businesses in India...

Gujarat High Court: Land Ownership Not Essential for Section 80IB(10) Deduction, FSI Utilization Must Align with Deduction Criteria

Date: Mar 12, 2014

Gujarat High Court: Land Ownership Not Essential for Section 80IB(10) Deduction, FSI Utilization Must Align with Deduction Criteria Introduction The case The Commissioner Of Income Tax-I (S) v. Moon...

Ensuring Procedural Compliance in Appellate Jurisdiction: Gujarat High Court's Landmark Ruling on Order 41 Rule 31, CPC

Date: Mar 12, 2014

Ensuring Procedural Compliance in Appellate Jurisdiction: Gujarat High Court's Landmark Ruling on Order 41 Rule 31, CPC Introduction In the case of Shah Keshavji Pashuji Vira (Decd.) & 1 (S) v. Shah...

Clarification on Rule 46A and Reconciliation of Cash Deposits in Income-Tax Assessments

Date: Feb 18, 2014

Clarification on Rule 46A and Reconciliation of Cash Deposits in Income-Tax Assessments Introduction The case of Commissioner Of Income-Tax v. Kamlaben Sureshchandra Bhatti, adjudicated by the...