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Principal Commissioner of Income Tax-7 vs Polyplex Corporation Ltd. – Tax Sparing Credit under Indo-Thailand DTAA (Section 90, Income Tax Act, 1961)
Facts of the CaseThe case pertains to Assessment Years 2010–11 to 2013–14,
where the assessee, Polyplex Corporation Ltd., earned dividend income from its
Thai subsidiary. The assessee claimed foreign tax credit amo...
Principal Commissioner of Income Tax–7 vs M/s Polyplex Corporation Ltd (Delhi High Court, 2023) – Tax Sparing Credit under Indo–Thailand DTAA u/s 90(2) of Income Tax Act
FACTS OF THE CASE
The
assessee earned dividend income from its Thai subsidiary.
Thailand
granted tax exemption on such dividend under its domestic law.
The
assessee claimed tax credit in India (...
PR. Commissioner of Income Tax, Central-11 vs DSC Ltd. (Delhi High Court) – Reopening of Assessment u/s 147 Beyond 4 Years Held Invalid in Absence of Failure to Disclose Material Facts
Facts of the CaseThe respondent-assessee, DSC Ltd., filed its return of income
for AY 2006–07 declaring income of ₹54.14 crores. The case was originally
assessed under Section 143(3).Subsequently, a search operatio...
Principal Commissioner of Income Tax Delhi-4 vs Nestle India Ltd (Delhi High Court) – No Substantial Question of Law in License Fee Disallowance, Section 14A & Depreciation Issues
Facts of
the CaseThe present appeal was filed by the Revenue challenging the
order of the Income Tax Appellate Tribunal dated 31.07.2020 for Assessment Year
2011–12. The issues raised pertained to:
Deletion
...
Principal Commissioner of Income Tax–7 vs M/s Polyplex Corporation Ltd. (Delhi High Court) – Tax Sparing Credit under Section 90 & Article 23 of Indo-Thailand DTAA
Facts of the CaseThe present matter arose from appeals filed by the Revenue
against a common order of the Income Tax Appellate Tribunal concerning
Assessment Years 2010–11 to 2013–14.The assessee, M/s Polyplex Corp...
Commissioner of Income Tax vs Spirit Infradevelopers & Ors. (Delhi High Court, ITA 192/2018 & Connected Appeals, AY 2011–12)
Facts of the Case
The
Revenue (Commissioner of Income Tax) filed multiple appeals against
different assessees belonging to the Spirit Group.
All
appeals concerned Assessment Year 2011–12.
The
...
Principal Commissioner of Income Tax, Delhi-04 vs Nestle India Ltd (Delhi High Court) – Depreciation on UPS @60% & Subsidy as Capital Receipt Not Adjustable to Block of Assets (Sections 14A, 32, 43(1), 244A)
Facts of the CaseThe present appeal pertains to Assessment Year 2009–10,
wherein the assessee, Nestle India Ltd, filed its return declaring total income
of ₹728.92 crores. The case was subjected to scrutiny a...
Commissioner of Income Tax vs Spirit Infradevelopers, Spirit Infrastructure Pvt. Ltd. & Spirit Global Construction Pvt. Ltd. – Delhi High Court Judgment (2023) | ITA 192/2018 & Connected Appeals
Facts of the CaseThe present appeals filed by the Revenue pertain to Assessment
Year 2011–12. The matters involve three separate assessees, namely Spirit
Infradevelopers, Spirit Infrastructure Pvt. Ltd., and Spirit G...
Commissioner of Income Tax vs Spirit Infradevelopers & Ors. (Delhi High Court, ITA 192/2018 & Connected Appeals, AY 2011–12)
Facts of the CaseThe present appeals were filed by the Revenue before the High
Court of Delhi concerning Assessment Year 2011–12. The matters involved
multiple assessees, namely Spirit Infradevelopers, Spirit Infrast...
Commissioner of Income Tax (International Taxation)-2 vs L.G. Electronics Inc. Korea (Delhi High Court) – Appeal under Section 260A Not Maintainable Against ITAT Miscellaneous Order; Remedy Lies Under Article 226
Facts of the CaseThe present appeal was filed by the Revenue against the order
dated 31.10.2022 passed by the Income Tax Appellate Tribunal (ITAT) in a
Miscellaneous Application. The said Miscellaneous Applicatio...