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Commissioner of Income Tax vs A.K. Sharma – Delhi High Court on ITA 834/2007: Interpretation of Section 37(1) and Business Expenditure Deductions
Facts of the
Case:The petitioner, Commissioner of Income Tax,
challenged the order of the Income Tax Appellate Tribunal (ITAT) which allowed
certain business expenditure claims of the respondent, A.K. Sharma,
under S...
Commissioner of Income Tax vs. Micromatic Machine Tools P. Ltd. | Business Expenditure Deductions under Section 37(1) of the Income Tax Act
Facts
of the Case·
Business
Profile: The assessee-company is the sole
Selling and Servicing Agent engaged in marketing machine tools and selling
spare parts for certa...
Commissioner of Income-Tax-V vs. R.J. Wood Pvt. Ltd.: Determination of ALV Under Section 23 and Taxability of Arrears of Rent Under Section 25B of the Income-Tax Act
Facts of the Case
Ownership
and Lease: The respondent-assessee owned property that
was leased out to five tenants under written agreements with mutually
agreed contractual rents starting in Octo...
Commissioner of Income Tax vs. Oriental Insurance Co. Ltd. | Maintainability of Income Tax Appeal Absent Committee on Disputes (COD) Approval
Facts
of the CaseThe Appellant (Commissioner of Income
Tax) filed appeals (ITA 488/2010 & ITA 493/2010) against the Respondent,
Oriental Insurance Co. Ltd., a Public Sector Undertaking (PSU). At the time of
filin...
Income Tax Officer vs. M/s Delhi Iron Works (Pvt.) Ltd. | Prosecution of Company for Failure to Deposit TDS Despite Acquittal of Director under Sections 276-B, 2(35), 194A, 204 & 278B of the Income Tax Act
Facts of the Case• M/s Delhi Iron Works (Pvt.) Ltd. was a private limited company. • The Income Tax Department filed multiple criminal complaints alleging failure to deduct and deposit TDS on interest payments m...
Rose Serviced Apartments Pvt. Ltd. & Anr. vs. Deputy Commissioner of Income Tax: Validity of Reassessment Under Section 147/148 Based on Mere Change of Opinion and Audit Objection
Facts of the Case
The
Assessee's Return: Petitioner No. 1 (Rose Serviced
Apartments India Pvt. Ltd.), a company engaged in trading long-term
investments and real estate, filed its return of income for...
Franchisee Business Expenditures and Commercial Expediency under Section 37(1): Commissioner of Income Tax vs. Agra Beverages Corporation P. Ltd.
Facts of the Case
The
respondent-assessee was a franchisee of M/s. Pepsi Food (Pvt.) Ltd.
(Pepsi). Under this Franchisee Agreement, the assessee held exclusive
rights for bottling, selling, and distri...
The Commissioner of Income Tax v. M/s. Agra Beverages Corporation P. Ltd. (Allowability of Business Expenditure under Section 37(1) on Visi-Cooler Hire Charges and Advertisement Expenses Incurred by Franchisee Benefiting the Trademark Owner)
Facts of the Case
Franchisee
Agreement: The respondent-assessee entered into a
franchisee agreement with M/s. Pepsi Food (Pvt.) Ltd. ("Pepsi")
for manufacturing, bottling, selling, and distribut...
Director of Income Tax (Exemptions) vs AKS Enterprises – Delhi High Court on Section 147 & 148 ITA, Income Tax Reassessment and Procedural Compliance
Facts of the
CaseAKS Enterprises challenged the reassessment notice
issued under Sections 147 and 148 of the Income Tax Act, 1961, claiming
procedural irregularities. The petitioner contended that the Income Tax
Depa...
CIT v. Samsung India Electronics Ltd. (2011): Mere Related-Party Relationship Does Not Justify Disallowance under Section 40A(2)(b)
Facts of the Case:
The assessee, M/s Samsung India Electronics Ltd., is a joint venture company
with 74% equity held by Samsung Electronics Company (SEC), Korea, and 26% by
Indian associates. The assessee imported raw...