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Assessment of Undisclosed Income and the Scope of Rectifying Apparent Mistakes: Delhi High Court’s Landmark Ruling in T.C. Sood vs. Commissioner of Income Tax under Section 158BC and Section 254(2)
Facts of the
Case:The petitioner, T.C. Sood, a resident of New
Delhi, was subject to a search under Section 132 of the Income Tax Act,
1961, on 13th May 2003. Following the search, a notice under Section 158BC
was is...
R.C. Goel vs Commissioner of Income Tax: Disallowance of Cash Payments under Section 40A(3) – Applicability of Rule 6DD(k)
Facts of the Case:
The appellant, R.C. Goel, is a mobile railway catering contractor operating on
trains (Punjab Mail & Pushpak Express) and running two hotels. During AY
2008-09, purchases worth Rs. 27,48,8...
Meinhardt Singapore Pte Ltd. vs Assistant Director of Income Tax, Circle 3(1), International Taxation, New Delhi – Section 44D & 115A Dispute on Technical Services Income
Facts of the
Case
The petitioner, a Singapore-based company with a branch in India,
provided technical consultancy services to NHAI under a contract dated
30th January 2001.
The petitioner subcontr...
The Commissioner of Income Tax vs Sain Processing and Weaving Mills P. Ltd.: Penalty under Section 271(1)(c) of Income Tax Act, 1961 – Delhi High Court
Facts of the
CaseThe assessee, Sain Processing and Weaving Mills
P. Ltd., filed its income tax return for the assessment year 2000-01
declaring nil total income, which was processed under Section
143(1)(a) of the Inc...
Garg Dyeing & Processing Industries vs Asstt Commissioner of Income Tax – Assessment of Composite Rental Income under Section 56(2)(iii), Income from Other Sources
Facts of the
Case:The assessee, Garg Dyeing & Processing
Industries, filed a return of income for AY 2007-08 declaring rental income of
₹1,76,40,000, claiming it to be taxable under the head “Income from House...
M.Einhardt Singapore Pte Ltd. vs. Assistant Director of Income Tax, Circle 3(1), International Taxation, New Delhi – Section 44D & 115A, Technical Services Income Tax Dispute
Facts of the
CaseM.Einhardt Singapore Pte Ltd., a Singapore-based
company, operated a branch in India providing technical consultancy services in
road construction, specifically for National Highway Authority of India...
M/s Microsoft Corporation (I) Pvt. Ltd. vs Deputy Commissioner of Income Tax & Anr – Reopening of Assessment under Section 147/148, Income Tax Act, 1961
Facts of the CaseThe petitioner, M/s Microsoft Corporation (I) Pvt. Ltd.,
challenged the reopening of its income tax assessment for the Assessment Year
2005-06 by the Deputy Commissioner of Income Tax through a notice ...
The Commissioner of Income Tax, Delhi Central-III vs Nirmal Bansal & Manju Bansal | Income Tax Act, Section 2(14)(iii) – Capital Gains on Sale of Agricultural Land Beyond 8 km of Municipal Limits
Facts of the
CaseThe High Court of Delhi heard appeals (ITA Nos.
198/2013, 203/2013, 204/2013 & 205/2013) filed by the Commissioner of
Income Tax against orders of the Income Tax Appellate Tribunal (ITAT),
concer...
Commissioner of Income Tax-IV vs M/s Insecticides (India) Ltd. – Reassessment under Sections 147 & 148 Invalid Due to Vague Reasons and Absence of Tangible Material | Delhi High Court
Facts of the Case
The Revenue filed appeals against the order
passed by the Income Tax Appellate Tribunal concerning Assessment Years
2002–03 and 2003–04.
For Assessment Year 2002–03, an original
...
M/s Microsoft Corporation (I) Pvt. Ltd. vs Deputy Commissioner of Income Tax & Anr – Reopening of Assessment under Section 147/148, Income Tax Act, 1961
Facts of the CaseThe petitioner, M/s Microsoft Corporation (I) Pvt. Ltd.,
challenged the reopening of its income tax assessment for the Assessment Year
2005-06 by the Deputy Commissioner of Income Tax through a notice ...