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PR. Commissioner of Income Tax (Central-1) vs Surya Agrotech Infrastructure Ltd & Ors – No Double Taxation on Share Capital Routed from Already Taxed Income (Section 68, Section 132, Section 245I, Section 260A)
Facts of the
CaseThe respondents/assessees were companies forming
part of the Priya Gold Group. A search under Section 132 was conducted, during
which a statement of the group’s director was recorded admitting undis...
APHV India Investco Private Limited vs Assistant Commissioner of Income Tax, Circle Int Tax 1(1)(1), Delhi – Delhi High Court (Violation of Natural Justice under Sections 142(1), 148 & 271(1)(c) of Income Tax Act)
Facts of the
CaseThe petitioner, APHV India Investco Private
Limited, filed multiple writ petitions challenging assessment proceedings for
AY 2015–16 and 2016–17.The Revenue claimed that multiple notices under
Se...
PR. Commissioner of Income Tax, Central-2 vs M/s S.G. Portfolio Pvt. Ltd. | Delhi High Court | Section 147/148/143(2)/151 | Reassessment Invalid for Non-Issuance of Mandatory Notice
Facts of the
Case
A survey under Section 133A was conducted in the group cases
including the assessee company.
Assessment was initially completed under Section 143(3) read with
Section 153C with substan...
PR. Commissioner of Income Tax (Central-II), Delhi vs Thapar Homes Limited – Limitation for Penalty under Section 271E read with Section 275(1)(c) of Income Tax Act
Facts of the
CaseThe present appeal pertains to Assessment Year (AY)
2008–09. The assessment order was passed on 31.12.2010 under Sections
153A/143(3) of the Income Tax Act, 1961. During the assessment proceedings, ...
Pr. Commissioner of Income Tax-4 vs Global Logic India Limited (Delhi High Court) – Treatment of Forex Gain & Exclusion of Comparables under Transfer Pricing (AY 2011–12)
Facts of the
CaseThe appeal was filed by the Revenue challenging the
order of the Income Tax Appellate Tribunal (ITAT) dated 30.10.2018. The dispute
arose in relation to transfer pricing adjustments concerning the res...
Sateesh Kumar vs Income Tax Officer Ward-28(5), Delhi & Ors. | Delhi High Court | W.P.(C) 9732/2023 | Sections 147, 148A(d), 144, 251 Income Tax Act
Facts of the
Case
The Assessing Officer passed an order under Section 148A(d) dated
28.07.2022, followed by an assessment order dated 31.05.2023.
The assessment was framed under Sections 147 read with 144 for...
KOA Investment Limited vs Income Tax Officer Ward-14(4) – Delhi High Court | Reassessment u/s 148 Invalid Due to Change of Opinion & Lack of Proper Approval (AY 2012–13)
Facts of the
CaseThe petitioner, KOA Investment Limited, filed its
return for AY 2012–13 and underwent scrutiny assessment under Section 143(3) of
the Income Tax Act.During scrutiny:
The Assessing Officer (AO) exa...
Principal Commissioner of Income Tax–12, New Delhi vs. MS L&T SUCG JV CC27 – Penalty under Section 271AA Deleted due to Reasonable Cause (Delhi High Court)
Facts of the
CaseThe present appeal was filed by the Revenue before
the Delhi High Court challenging the order of the Income Tax Appellate Tribunal
concerning Assessment Year 2014–15.The respondent-assessee, a joint...
The Pr. Commissioner of Income Tax-4 vs Hindustan Coca Cola Beverages Pvt. Ltd. (Delhi High Court, 2023) – FBT on Advertisement Expenses under Sections 115WB & 115WC
Facts of the Case
The
case relates to Assessment Year 2008–09.
The
assessee incurred advertisement and promotional expenses amounting to
approximately ₹46.92 crores.
The
Assessing Offi...
Luv Impex Private Limited vs Income Tax Officer Ward 15(1) & Anr. – Delhi High Court Judgment on Reassessment & Natural Justice under Sections 148A(b), 148A(d), 144B of Income Tax Act, 1961
Facts of the CaseThe petitioner, Luv Impex Private Limited, challenged
reassessment proceedings initiated by the Revenue under the Income Tax Act,
1961. The dispute arose from:
Notice
dated 07.03.2023 under Sec...