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Commissioner of Income Tax vs Assessee Company – Section 68 Addition on Advances Received from Flat Buyers | Delhi High Court Remands Matter to ITAT for Decision on Merits
Facts of the CaseThe assessee, engaged in a real estate project, received a
total sum of ₹21,70,34,294 as advance money from 447 parties
towards booking of flats for Assessment Year 2005-06.During assessment proceedi...
The Commissioner of Income Tax, Delhi-IX vs. M/s Monoflex India Pvt. Ltd. & Others (2011) – Liability to Pay Unearned Increase on Auction Sale of Leasehold Property under Income Tax Recovery Proceedings
Facts of the Case
Property
No. A-35, Mohan Cooperative Industrial Estate, New Delhi, a leasehold
industrial plot, was attached and auctioned by the Tax Recovery Officer
for recovery of income tax dues...
Commissioner of Income Tax vs Assessee – Delhi High Court Dismisses Revenue Appeal Due to Low Tax Effect Below ₹10 Lakh | ITA No. 1638/2010 (2011)
Facts of the Case
The Revenue
preferred an appeal before the Delhi High Court in ITA No. 1638/2010.
During the
proceedings, it was brought to the notice of the Court that the tax effect
involved in...
THAR SOLAR IRRIGATION vs. State of Rajasthan (Rajasthan HC): Relief on GST Registration Revocation and Delayed Appeals Under Sections 30 & 107
GST registration was cancelled and appeal was delayed by 216 days due to illness and financial hardship — Rajasthan High Court condoned the delay to prevent denial of remedy and directed appeal to be heard on merits.Is...
NIKHIL DEBNATH vs. Union of India (Tripura HC): Valid Service of GST Notices Under Section 169(1)(b) Must Satisfy Statutory Requirements
Order was merely uploaded on GST portal and Speed Post delivery was not proved — Tripura High Court held prima facie violation of Section 169(1)(b) and protected the Assessee.IssueWhether the order-in-original under th...
ULTRA DRUGS Pvt. Ltd. vs. Assistant Commissioner, CGST Division (Himachal Pradesh HC): Taxpayer’s Right to GST Appeal Protected Under Sections 107(1) and 112
Assessee challenged the appellate order directly before High Court despite GST Tribunal remedy being available; HP High Court declined writ interference but ordered refund of Court-deposited demand with interest.Issue:Wh...
Commissioner of Income Tax (Exemption) / Income Tax Department vs Public Charitable Trusts & Religious Trusts – Registration under Section 12AB of the Income-tax Act, 1961 Cannot Be Denied Solely for Absence of an Express Irrevocability Clause: Bombay High Court Ruling Challenged Before Supreme Court
Facts of the Case
The
Income Tax Department insisted that trust deeds of charitable and
religious trusts must contain an express irrevocability clause.
According
to the Department, such a clause is...
Commissioner of Income Tax vs Bharat Hotels Limited – Deduction of Interest on Borrowed Funds Invested in Subsidiary for Business Purpose under Section 36(1)(iii) of the Income-tax Act
Facts of the CaseThe assessee, Bharat Hotels Limited, was engaged in
the business of owning, operating, running, and managing hotels. The assessee
borrowed funds and utilized those funds for subscribing to the equity c...
GNB MEDICA LABS vs. Principal Commissioner, CGST Commissioner (Himachal Pradesh HC): Appellate Remedies Under Sections 107 & 112 Must Be Effectively Available to Taxpayers
Writ was filed when GST Tribunal was not functional; once Tribunal became operational, HP High Court directed Assessee to pursue appeal under Section 112.Issue:Whether the Assessee’s writ petition against the appellate...
KRM TYRES Partnership Firm vs. State of Punjab (P&H High Court): GST Registration Cancellation and Revocation Rights Under Sections 29, 30 & 39
GST registration was cancelled retrospectively for non-filing of returns without disclosing facts or reasons — Punjab & Haryana High Court set aside the notice, cancellation order and revocation rejection.Issue:Whe...