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Jurisprudential Analysis: Burden of Proof and Addition of Share Application Money under Section 68 of the Income Tax Act – Commissioner of Income Tax vs. Derby Overseas P. Ltd.
Facts of the CaseThe Respondent-Assessee, Derby Overseas P. Ltd., received
share application money during the Assessment Years 2001-2002 and 2002-2003.
The Assessing Officer (AO), relying on the statement of a third pa...
Comprehensive Analysis of The Commissioner of Income Tax (LTU) vs. Nestle India Ltd.: Defining the Boundaries of Penalty under Section 271(1)(c)
Facts of the CaseThe Commissioner of Income Tax (LTU) initiated an appeal under
Section 260A of the Income Tax Act, 1961, to challenge an order issued by the
Income Tax Appellate Tribunal (ITAT) on November 6, 2009. Th...
Comprehensive Legal Analysis: of Income Tax vs. Derby Overseas P. Ltd. on the Treatment of Share Application Money Under Section 68
Facts of the CaseThe Income Tax Department initiated appeals under Section 260A
of the Income Tax Act, 1961, challenging a composite order passed by the Income
Tax Appellate Tribunal (ITAT). The dispute centered on a s...
Signature Hotels (P) Ltd. vs. Income Tax Officer-Ward 8(4) & Anr. Validity of Reassessment Under Section 147
Facts of the Case
The
Petitioner, Signature Hotels (P) Ltd., is a company incorporated on
September 30, 2002.
For
the assessment year 2003-04, the Petitioner filed its return of income on
Mar...
Commissioner of Income Tax vs. Nestle India Ltd.: A Comprehensive Legal Analysis of Penalty Imposition Under Section 271(1)(c) for Debatable Tax Claims and Legal Certainty in Assessment Proceedings
Facts of the CaseThe matter originated from an appeal filed by the Revenue
(Commissioner of Income Tax) under Section 260A of the Income Tax Act, 1961.
The Revenue sought to challenge the legality of an order passed by...
Commissioner of Income Tax vs. Life Long India Ltd.: Analyzing the Deductibility of Marketing Consultancy Expenses and Commercial Expediency Under Section 37 of the Income Tax Act, 1961
Facts of the CaseThe Revenue (Appellant) filed an appeal before the Delhi High
Court under Section 260A of the Income Tax Act, 1961, challenging an order
dated 11th September 2009 issued by the Income Tax Appellate Tri...
Appellant vs. Respondent-Revenue: Legal Effect of Dismissing a Tax Appeal as "Not Pressed" under Section 260A of the Income Tax Act, 1961 | Delhi High Court
Facts of the CaseThe matter arose out of an income tax appeal docketed as ITA
No. 188/2009 before the Hon’ble High Court of Delhi. The appeal was
preferred by the appellant under the statutory framework of the Income...
Mandatory Requirement for Speaking Orders in Income Tax Transfer Proceedings: Judicial Analysis of Raheja SEZS Limited vs. Commissioner of Income Tax and Others
Facts of the CaseThe dispute originated from a batch of writ petitions filed
by Raheja SEZS Limited and several other associated entities, collectively
referred to as the petitioners. The petitioners were aggrieved by ...
Legal Validity of Transfer Orders Under Section 127 of the Income Tax Act: Delhi High Court Directs Fresh Adjudication After Setting Aside Non-Speaking Orders in Raheja SEZS Limited vs CIT
Facts of the CaseThe litigation arose from a batch of writ petitions filed by
Raheja SEZS Limited and several affiliated entities. These petitions challenged
the legal sustainability of orders issued by the Commissione...
Subhash Verma vs. Assistant Commissioner of Income Tax: Evidentiary Value of Unverifiable Customer Claims and Unexplained Cash Post-Search Under Section 158BC
Facts of the Case
A
search and seizure operation under Section 132(1) of the Income Tax Act,
1961, was conducted on March 4, 2002, at the premises of the Appellant,
Subhash Verma, and his father.
D...