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Remand Proceedings Held Time-Barred for Failure to Pass Fresh Assessment within Limitation; Refund with Interest Directed: Acuity KP Solutions (India) Pvt. Ltd. vs. DCIT (Delhi HC)
Facts of the
CaseThe petitioner,
Acuity KP Solutions (India) Private Limited, filed its return of income for
Assessment Year 2007-08 declaring Nil income and claimed a refund of
₹67,86,402. The return was selected ...
Whether difference between turnover reflected in CBEC / Service Tax data and turnover recorded in the books of account can, by itself, justify an addition for under-reported revenue without independent enquiry by the Assessing Officer, Deepsons (India) Pvt. Ltd. vs Assistant Commissioner of Income Tax, Circle 7(1), Delhi
Brief Facts:The assessee filed return declaring total income of ₹1,02,48,020.The case was selected for scrutiny and assessment was completed by making an addition of ₹4,21,34,712 alleging under-reporting of revenue, ...
Denial of Deduction u/s 54B – Investment in Agricultural Land in Wife’s Name, Adel Saini vs. Income Tax Officer, Ward-1(1), Faridabad
Issue Involved:-Whether deduction under section 54B of the Income-tax Act, 1961 can be allowed when the sale consideration of agricultural land is invested in new agricultural land purchased in the name of the assesseeâ€...
Revision u/s 263 – Taxability of Interest on Enhanced Compensation u/s 28 of the Land Acquisition Act, 1894, ITAT Delhi-Shri Jagpal v. Principal Commissioner of Income Tax, Faridabad
Core Issue:-Whether interest received on enhanced compensation for compulsory acquisition of agricultural land under section 28 of the Land Acquisition Act, 1894 is:exempt under section 10(37) of the Income-tax Act, 1961...
Capital Gains versus Business Income: Substance of Holding, Intention and Conduct Prevail over Revenue Assumptions- Correct head of income - profit earned by the assessee on sale of land - ‘capital gains’ or ‘business profits’ - Circular No.4/2007 dated 15.06.2007 -a distinction between a "capital asset" and a "trading asset"
An Analytical Analysis on the Judgment of the- Madras High Court- Commissioner of Income Tax, Chennai v. GWL Properties Ltd. (formerly Gordon Woodroffe Ltd.)-TCA No. 288 of 2011 | Decision dated 9 January 2026The long-st...
Anticipatory Bail Granted in GST Input Tax Credit Fraud Case; Custodial Interrogation Held Unnecessary – Dheeraj Gupta vs. State of Madhya Pradesh (MP High Court)
1. Case Overview
This judgment arises from an application for anticipatory bail under Section
482 BNSS, 2023 (corresponding to Section 438 CrPC). The applicant, Dheeraj Gupta,
was implicated in a large-scale alleged G...
Mechanical Approval under Section 153D Invalid; Common Approval for Hundreds of Search Assessments Held Unsustainable – PCIT-7 vs. Shivganesh Builders Pvt. Ltd. (Delhi HC)
Facts of the CaseThe Revenue filed multiple appeals under Section 260A of the
Income-tax Act, 1961 challenging a common order dated 08.02.2023 passed by the
Income Tax Appellate Tribunal for Assessment Years 2006-07, 2...
Mechanical and Omnibus Approval under Section 153D Invalid; Search Assessments Quashed for Lack of Application of Mind – PCIT-7 vs. Shine Star Buildcon Pvt. Ltd. (Delhi HC)
Facts of the CaseThe Revenue filed appeals under Section 260A of the Income-tax
Act, 1961 challenging a common order dated 08.02.2023 passed by the Income Tax
Appellate Tribunal in several connected appeals relating to...
Prosecution of Directors Without Arraigning Company Held Unsustainable; Complaints Quashed Under Section 278B – Rakesh Agarwal vs. ITO (Delhi HC)
Facts of the CaseThe petitioners, including Rakesh Agarwal, were Directors of
M/s SNR Buildwell Pvt. Ltd. The Income Tax Department alleged that the company
failed to discharge its tax liabilities for Assessment Years ...
Penalty under Section 271(1)(c) Invalid for Vague Notice Not Specifying Limb; ITAT Deletion Upheld – PCIT vs. Om Shiv Buildtech Pvt. Ltd. (Delhi HC)
Facts of the CaseThe Revenue filed appeals under Section 260A of the Income-tax
Act, 1961 challenging a common order dated 08.02.2023 passed by the Income Tax
Appellate Tribunal in ITA Nos. 1427/Del/2019, 1441/Del/2019...