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Ajay Gupta Vs. Commissioner of Income Tax — Date of Accrual and Computation of Statutory Interest on Assets Seized Under Section 132 Read with Section 132B(4) of the Income Tax Act, 1961: Entitlement to Interest From the Expiry of 120 Days of Search Authorisation Till Actual Release of Funds, and Award of Sandvik Asia Compensatory Damages for Delay.
Facts of the Case
The
Search & Seizure: A search operation under Section 132 of
the Income Tax Act, 1961, was conducted on the premises of the Petitioner
(Assessee) on July 2, 2002. Cash amounting...
Commissioner of Income Tax versus Microsoft Corporation of India Private Limited Delhi High Court Judgment on Business Expenditure Deduction ITA 111 2008
Facts of the CaseThe assessee Microsoft Corporation of India Private Limited
claimed a deduction of Rs 1 30 60 957 as business expenditure under Section 37
1 of the Income tax Act 1961. This amount was paid as settleme...
Comprehensive Legal Analysis on Validity of Scrutiny Assessment: Commissioner of Income Tax vs. Eqbal Singh Sindhana – High Court of Delhi (ITA No. 372 of 2007) on the Mandatory Requirement of Serving Notice Under Section 143(2) Within the Prescribed Statutory Limitation Period vs. Mere Dispatch of Undelivered Revenue Notices
Facts of the Case
The
Assessee filed his return of income for the Assessment Year (AY) 2001-02
on October 31, 2001, which was initially processed under Section 143(1) of
the Act on October 31, 2002.
...
M/s. Haryana Investment (P) Ltd. vs. Commissioner of Income Tax: Scope of Rectification Under Section 254(2) Regarding Unconfronted Share Application Evidence Remanded to Assessing Officer
Facts of the Case
Assessee's
Business: The Appellant, M/s. Haryana Investment (P)
Ltd., is engaged in the business of finance and investment.
Share
Application Money: During the assessment year 199...
Commissioner of Income Tax, Delhi vs M/s Select Holidays Resorts Ltd. – Interest Liability under Sections 201(1), 201(1A), 191 and Appeal under Section 260A of the Income-tax Act, 1961
Facts of the CaseThe Revenue filed multiple appeals under Section
260A of the Income-tax Act against a common order passed by the Commissioner of
Income Tax (Appeals) and subsequently affirmed by the Income Tax Appella...
Commissioner of Income Tax versus Shri Kapil Dev Delhi High Court Remand Order on Reassessment Validity ITA 1550 and 1553 2006
Facts of the CaseThe Revenue filed appeals before the Delhi High Court
concerning assessment years 1992 93 and 1993 94 involving the assessee Shri
Kapil Dev. These appeals originated from a composite order passed by th...
Commissioner of Income Tax-XVII vs. Shri Toshio Sakai (ITA No. 378 of 2007) – Delhi High Court Rules That Tax Recovered from Employer Under Section 201(1) Must Be Credited to the Employee as Tax Deducted at Source (TDS) and Does Not Create a Charge of New Tax Under the Income Tax Act, 1961
Facts of the Case
Assessee's
Return: For the Assessment Year (AY) 1998-99, the
Assessee (Shri Toshio Sakai) filed his return of income declaring a total
income of ₹6,86,377 along with retention mone...
Commissioner of Income Tax, Delhi-XVII vs Hindustan Coca Cola Beverages (P) Ltd. – Scope of Rectification under Section 254(2) and Recall of ITAT Order in TDS Default Proceedings under Sections 201(1), 201(1A), 194-I & 194C of the Income-tax Act, 1961
Facts of the CaseThe Assessing Officer passed an order under
Sections 201(1) and 201(1A) holding Hindustan Coca Cola Beverages (P) Ltd. to
be an assessee in default for failure to deduct tax at source on warehousing
c...
Commissioner of Income Tax vs M/s Breakout Overseas Pvt. Ltd. – Penalty under Section 271(1)(c) on Assessed Loss Cases after Explanation 4 to Section 271(1)(c)
Facts of the
CaseThe Revenue challenged the order of the Income Tax
Appellate Tribunal deleting the penalty imposed upon the assessee under Section
271(1)(c) of the Income-tax Act, 1961. The Tribunal had deleted the p...
Commissioner of Income TaxCommissioner of Income Tax versus Shri Kapil Dev Delhi High Court Judgment on Validity of Reassessment under Section 147 ITA 1563 2006 versus Assessee Delhi High Court Dismissal of Appeal due to Low Tax Effect ITA 978 2008
Facts of the CaseThe Revenue filed an appeal against the Income Tax Appellate
Tribunal order concerning the assessment year 1991 92 for the assessee Shri
Kapil Dev. The core of the dispute involved the initiation of re...