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Commissioner of Income Tax vs. Madhushree Gupta Whether Penalty Under Section 271(1)(c) Can Be Sustained Absent Clear Recording of Satisfaction by the Assessing Officer in the Assessment Order Despite the Retroactive Amendment by Finance Act 2008
Facts of the CaseThe Revenue (Appellant) preferred appeals (ITA No. 744/2007,
ITA No. 821/2007, and ITA No. 956/2007) against the orders quashing the penalty
levied under the Income Tax Act, 1961. The Assessing Officer...
Spaze Towers (P) Ltd. Vs. Commissioner of Income Tax, Delhi-III | Civil Writ Petition and Withdrawal of Writ – Delhi High Court| Article 226 of the Constitution of India
Facts
of the CaseThe petitioner, M/s Spaze Towers (P) Ltd., filed a series of connected
Civil Writ Petitions [W.P.(C) Nos. 12788/2009, 12794/2009, 12810/2009,
12828/2009, 326/2010, 327/2010, 333/2010, 334/2010, 335/20...
Spaze Towers (P) Ltd. vs. Commissioner of Income Tax, Delhi-III – Dismissal of Batch Writ Petitions as Withdrawn under Article 226 of the Constitution of India in Matters Arising under the Income Tax Act, 1961 | Delhi High Court [2010:DHC:13280-DB]
Facts
of the CaseThe petitioner, Spaze Towers (P)
Ltd., filed a batch of ten writ petitions [W.P.(C) Nos. 12788/2009, 12794/2009,
12810/2009, 12828/2009, 326/2010, 327/2010, 333/2010, 334/2010, 335/2010, and
336/2010...
Commissioner of Income Tax vs. Sahara Airlines Ltd. (2009) | Scope of Royalty under DTAA vs. Business Income & Tax Deduction at Source (TDS) Liabilities on International Airline Software under Section 195(2) of the Income Tax Act, 1961
Facts of the Case
The
respondent-assessee, Sahara Airlines Ltd., entered into operational
arrangements with two foreign entities: M/s. Amadeus Marketing (a
Spanish company) and M/s. Galileo Internatio...
Gautam Cable Industries v. Deputy Commissioner of Income Tax [Delhi High Court] – Disallowance of Interest on Borrowed Funds Diverted to Sister Concerns Without Commercial Expediency under Section 36(1)(iii) of the Income-tax Act, 1961
Facts of the
CaseThe assessee, Gautam Cable Industries, had borrowed
funds from banks and claimed deduction of interest paid on such borrowings.
During assessment proceedings, the Assessing Officer found that the borr...
Spaze Towers (P) Ltd. Vs. Commissioner of Income Tax Delhi-III | Withdrawal of Writ Petitions under the Income Tax Act | 2010:DHC:13287-DB
Facts
of the CaseThe petitioner, Spaze Towers (P)
Ltd., filed a series of writ petitions—specifically W.P.(C) Nos. 12788/2009,
12794/2009, 12810/2009, 12828/2009, 326/2010, 327/2010, 333/2010, 334/2010,
335/2010, a...
Commissioner of Income Tax vs. Akums Drugs & Pharmaceuticals Ltd. – Allowability of Commission Paid for Government Institutional Business under Section 37(1) of the Income-tax Act, 1961
Facts of the Case
The
assessee was engaged in the manufacture and supply of pharmaceutical
formulations to Government institutions and other customers.
Commission
was paid to agents for assist...
Commissioner of Income Tax Vs. Sahara Airlines Ltd. – Whether Payments to Foreign Computerized Reservation System (CRS) Providers for Ticket Booking Software Constitute 'Royalty' or 'Business Income' under Section 195 of the Income Tax Act, 1961 and Relevant DTAA Provisions: Delhi High Court Affirmation on Non-Deduction of TDS
Facts of the Case
The
respondent/assessee, Sahara Airlines Ltd., entered into operational
arrangements with two foreign companies: M/s. Amadeus Marketing (a
Spanish entity) and M/s. Galileo Internatio...
Gautam Cable Industries vs Deputy Commissioner of Income Tax | Delhi High Court | Disallowance of Interest on Diversion of Borrowed Funds to Sister Concerns | Section 36(1)(iii) of the Income-tax Act, 1961
Facts of the
CaseThe assessee, Gautam Cable Industries, had claimed
deduction of interest paid to banks on borrowed funds. During assessment
proceedings, the Assessing Officer found that a portion of the borrowed fund...
Commissioner of Income Tax vs. Sahara Airlines Ltd. (2009) | TDS Liability Under Section 195 on Software Payments to Non-Resident Companies: Whether Ticket Reservation Software Payments Constitute 'Royalty' or 'Business Income' Under DTAA
Facts of the Case
The
respondent/assessee, Sahara Airlines Ltd., entered into commercial
arrangements with two international non-resident companies: M/s. Amadeus
Marketing (a Spanish company) and M/s....