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Commissioner of Income Tax vs. Amar Gupta (ITA No. 204/2008) – Whether Issuance and Service of Statutory Scrutiny Notice Under Section 143(2) Within the Prescribed Limitation Period is a Mandatory Jurisdictional Pre-requisite for Framing a Valid Block Assessment Order Under Section 158BC of Chapter XIV-B of the Income Tax Act, 1961
Facts of the Case
Search
Operations and Return Filing: A search and seizure
operation under Section 132 was conducted against a group of assessees
(the lead matter being CIT vs. Pawan Gupta, heard...
Commissioner of Income Tax v. Assessee – No Addition on Genuine Gift in Block Assessment Proceedings under Sections 158BC & 158BB of the Income-tax Act | Delhi High Court
Facts of the
Case
Search and seizure proceedings were conducted against the assessee.
During the block assessment proceedings, the Revenue attempted to
treat the gift received by the assessee as undisclosed in...
Commissioner of Income Tax, Delhi-IV vs Denso Haryana Pvt. Ltd. | Delhi High Court Upholds ITAT Findings on Transfer Pricing, Technical Assistance Fee and Foreign Exchange Loss under Section 92 of the Income-tax Act, 1961
Facts of the
CaseThe Revenue preferred an appeal before the Delhi
High Court challenging the order of the Income Tax Appellate Tribunal (ITAT) on
three issues:
Deletion of addition of ₹69,62,655 made by the Assess...
Commissioner of Income Tax vs. Pawan Gupta (with Connected Appeals) | Mandatory Requirement of Notice Under Section 143(2) for Block Assessment Under Section 158BC of Income-tax Act, 1961
Facts of the Case
The
Revenue preferred a batch of appeals (with CIT v. Pawan Gupta
acting as the lead matter) against the common order of the Income Tax
Appellate Tribunal (ITAT).
The
cases ...
Commissioner of Income Tax vs. Pawan Gupta (and Connected Matters) — Ultimate Tax Jurisprudence on Mandatory Service of Section 143(2) Notice in Block Assessments Under Chapter XIV-B
Facts of the Case
A
batch of appeals was preferred by the Revenue (with CIT v. Pawan Gupta
serving as the lead matter) against a common order passed by the
Income-tax Appellate Tribunal (ITAT) pertain...
Distinguishing Curable Irregularities from Fundamental Defects: An In-depth Analysis of the Delhi High Court’s Ruling in CIT vs. Haryana Sheet Glass Ltd. and the Application of Section 140 of the Income Tax Ac
Facts of the Case
The
respondent-assessee (Haryana Sheet Glass Ltd.) filed its original income
tax return on November 1, 2004, declaring a loss of ₹10,38,98,405/-. This
return was signed and verifie...
Commissioner of Income Tax vs. Pawan Gupta (and Connected Batches) – Mandatoriness of Section 143(2) Scrutiny Notice in Block Assessment Proceedings under Chapter XIV-B of the Income Tax Act, 1961
Facts of the CaseA batch of appeals was preferred by the Revenue against a
common order passed by the Income-tax Appellate Tribunal (ITAT) concerning
various assessees belonging to the same group. CIT vs. Pawan Gupta w...
Denso Haryana Private Limited vs Commissioner of Income Tax, Delhi-III | Technical Service Fees for Employee Training Held Revenue Expenditure and Fully Allowable Under Section 37 of the Income Tax Act
Facts
of the CaseThe assessee, Denso Haryana Private
Limited, a wholly owned subsidiary of Denso Corporation, Japan, was engaged in
the business of manufacturing and trading gasoline engine management systems in...
DELHI HIGH COURT HOLDS THAT RECTIFICATION UNDER SECTION 254 CANNOT BE USED TO RE-ARGUE THE MERITS OF A CASE WHEN THE ORIGINAL ITAT ORDER IS ALREADY UNDER APPEAL | Assessees vs Income Tax Department | ITA Nos. 870-879/2009 (Delhi High Court
Facts
of the Case1.
The
ITAT had earlier passed orders against the assessees.2.
The
assessees challenged those orders before the Delhi High Court by filing...
Distinguishing Capital vs. Revenue Expenditure: A Detailed Legal Analysis of the Delhi High Court’s Ruling in CIT vs. M/s Orissa Cement Ltd. and the Application of the 'Empire Jute' Test
Facts of the CaseThe Revenue filed appeals (ITA No. 314/2009 and ITA No.
545/2009) against the orders of the Income Tax Appellate Tribunal (ITAT), which
had upheld the findings of the Commissioner of Income Tax (Appeal...