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Commissioner of Income Tax (International Taxation)-1, New Delhi vs Cobra Instalaciones y Servicios S.A | Delhi High Court | Engineering Fees Disallowance | Transfer Pricing & ALP
Facts of the
Case
The respondent/assessee incurred engineering expenses for execution
of a project related to Delhi Metro Rail Corporation (DMRC).
The assessee paid engineering fees to its head office.
The...
Mehra Jewel Palace Pvt. Ltd. vs Pr. Commissioner of Income Tax – Section 40A(2)(b) Disallowance & Opportunity of Hearing (Delhi High Court)
Facts of the
CaseThe assessee, Mehra Jewel Palace Pvt. Ltd., filed
appeals before the Delhi High Court challenging orders of the Income Tax
Appellate Tribunal for AY 2011–12 and AY 2012–13. Two primary issues aros...
PR. Commissioner of Income Tax, Delhi-7 vs Techno Trexim (India) Pvt. Ltd. | Section 14A r/w Rule 8D – No Disallowance in Absence of Exempt Income (Delhi High Court)
Facts of the
CaseThe present appeal was filed by the Revenue against
the order dated 05.09.2022 passed by the Income Tax Appellate Tribunal
concerning Assessment Year 2015–16.The Tribunal had deleted the disallowanc...
PR. Commissioner of Income Tax-7, Delhi vs Times Internet Limited | Delhi High Court | Section 14A, 37(1), Depreciation on Software & Revenue vs Capital Expenditure | AY 2012-13
Facts of the
CaseThe Revenue filed an appeal challenging the order
of the Income Tax Appellate Tribunal dated 30.03.2021 concerning multiple
disallowances made by the Assessing Officer (AO) against the assessee, Times...
M/s Tirupati Trading Corporation vs Assistant Commissioner of Income Tax (Delhi High Court, 2023) – Reassessment Proceedings Quashed Due to Lack of Material under Sections 148 & 148A(d) of Income Tax Act
Facts of the
Case
The petitioner, M/s Tirupati Trading Corporation,
challenged:
Order dated 28.07.2022 passed under Section 148A(d)
Consequential notice under Section 148 for AY 2016–17
The Re...
Mehra Jewel Palace Pvt Ltd vs Pr. Commissioner of Income Tax (Delhi High Court) – Section 40A(2)(b) Disallowance of Salary & Interest on Advances | AY 2011-12 & 2012-13
Facts of the
CaseThe assessee company filed appeals under Section
260A challenging orders of the ITAT for AY 2011–12 and AY 2012–13.The dispute involved:
Disallowance of interest on loans where funds were advance...
Principal Commissioner of Income Tax-7, Delhi vs Qualcomm India Pvt. Ltd. (Delhi High Court) – Exclusion of Comparables & No TP Adjustment on Receivables when Working Capital Adjustment Allowed [Section 92B, Rule 10B]
Facts of the
CaseThe present appeal was filed by the Revenue before
the Delhi High Court against the order dated 19.01.2023 passed by the Income
Tax Appellate Tribunal (ITAT) for Assessment Year (AY) 2014–15. The Re...
Sinogas Management PTE Ltd vs Deputy Commissioner of Income Tax & Anr (Delhi High Court) – Non-Issuance of Draft Assessment Order u/s 144C Renders Assessment Void
Facts of the
Case
The Petitioner, Sinogas Management PTE Ltd, is a
Singapore-based company engaged in operating ships and claimed tax
residency in Singapore.
It filed its return for AY 2017–18 declari...
Commissioner of Income Tax (International Taxation)-1, New Delhi vs Deloitte Touche Tohmatsu (Delhi High Court, 2023) – Mutuality Principle vs Fees for Technical Services under Section 260A
Facts of the
CaseThe assessee, Deloitte Touche Tohmatsu (a Verein
registered in Switzerland), is a non-profit association consisting of member
firms across the globe. It filed returns for AYs 2008–09 to 2011–12 de...
Commissioner of Income Tax (International Taxation-1), New Delhi vs Deloitte Touche Tohmatsu – Doctrine of Mutuality vs Fee for Technical Services under Section 260A of Income Tax Act
Facts of the
CaseThe respondent assessee, Deloitte Touche Tohmatsu,
is a Switzerland-based Verein (association) comprising member firms engaged in
professional services globally.
The assessee filed nil income return...