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The Commissioner of Income Tax (Central-II) vs. Rajdhani Nurseries Ltd.: Dismissal of Revenue Appeals by Delhi High Court Following Precedent on Identical Assessee Controversy
Facts of the Case
Appeals
Filed: The Revenue filed two Income Tax Appeals,
namely ITA 1049/2010 and ITA 1051/2010, before the High
Court of Delhi.
The
Parties: The Appellant in both matters i...
Commissioner of Income Tax, Delhi-VIII v. Shri Shailesh Jain (2010) – Fixed Deposit Investments Already Disclosed Cannot Be Assessed as Undisclosed Income in Block Assessment Under Sections 158BC & 132 of the Income Tax Act
Facts of the
Case
A search and seizure operation under Section 132 of the Income Tax
Act was conducted at the residential premises of the assessee, Shri
Shailesh Jain, on 11 January 2001.
During th...
Commissioner of Income Tax vs. Bharat Aluminium Company Ltd.: Whether Business Facilitation Outlays on Third-Party Infrastructure Without Ownership Vesting Under Section 32(1) Constitute Capital Expenditure or Allowable Revenue Expense Under the Income Tax Act, 1961
1. Facts of the Case
Business
Operations: The respondent-assessee is engaged in the
production of Aluminium from Bauxite.
Infrastructure
Setup: The respondent-assessee set up a captive
power ...
Commissioner of Income Tax vs. M/s. Shyam Tex International Ltd. – Deletion of Penalty under Section 271(1)(c) of Income Tax Act, 1961: Full Disclosure of Subsidy Accounting Method and Bona Fide Claim for Leave Encashment Provision Do Not Amount to Furnishing Inaccurate Particulars of Income
Facts of the Case
The
Revenue filed an appeal under Section 260A of the Income Tax Act, 1961,
challenging the order dated April 17, 2009, passed by the Income Tax
Appellate Tribunal (ITAT). The matter...
Commissioner of Income Tax, Delhi-VIII vs. Shailesh Jain (Delhi High Court) – Addition of Disclosed Fixed Deposit Investments Cannot Be Made in Block Assessment under Sections 132 & 158BC of the Income Tax Act
Facts of the CaseThe case arose from a search and seizure operation
conducted under Section 132 of the Income Tax Act at the residential premises
of the assessee, Shri Shailesh Jain, on 11 January 2001. During the sear...
Commissioner of Income Tax vs. Triveni Engineering & Industries Ltd. – Deductibility of Approved Gratuity Fund Provisions under Section 40A(7)(b) vs Section 43B and Claiming 100% Depreciation Individually by Amalgamating and Amalgamated Companies on the Same Asset Prior to the Finance Act, 1996 Amendment to Section 32(1)
1. Facts of the Case
The
revenue filed appeals against the assessee, M/s Triveni Engineering &
Industries Ltd., involving identical issues across multiple assessment
years, primarily focusing on A...
Commissioner of Income Tax, Central-III v. Shri Ram Hari Ram [2010] 2010:DHC:11017 (Delhi High Court) – Reassessment Quashed Due to Absence of Recorded Reasons and Invalid Service of Notice under Section 148 of the Income Tax Act
Facts of the
CaseThe assessee did not file its return of income for
Assessment Year 1993-94 by the prescribed due date of 31 October 1993.
Consequently, the Assessing Officer issued a notice under Section 148 of the
...
Commissioner of Income Tax vs. M/s. Siltech Engineering (P) Ltd.: Best Judgment Assessment Under Section 144 Set Aside Due to Lack of Reasonable Nexus and Arbitrary Income Estimation Without Quasi-Judicial Material Collection
Facts of the Case
On
November 28, 2006, the respondent-assessee filed its return of income for
the Assessment Year 2006-2007, declaring a loss of Rs. 16,394/-.
The
return was processed under Sectio...
Lachman Dass Bhatia vs. Assistant Commissioner of Income Tax: Delhi High Court Full Bench Judgment on the Maintainability of Tax Appeals Under Section 260A Against ITAT Rectification and Amendment Orders Passed Under Section 254(2) of the Income Tax Act, 1961
Facts of the CaseA batch of appeals (ITA Nos. 724/2010 to 729/2010) was filed
before a Division Bench of the Delhi High Court under Section 260A of the
Income Tax Act, 1961, challenging orders arising from rectificatio...
National Council for Cement & Building Material v. Director of Income Tax (Delhi High Court) – Requirement of Committee on Disputes Approval Before Entertaining Litigation Between Government Bodies | W.P.(C) 11921/2009
Facts of the CaseThe petitioner, National Council for Cement
& Building Material through its Director General, filed a writ petition
before the Delhi High Court against the Director of Income Tax.During the hearing...