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Director of Income Tax (Exemption) vs. Vishwa Jagriti Mission: Interpretation of Section 12AA and Institutional vs. Individual Liability for Charitable Status
Facts of the Case
The
respondent-assessee, Vishwa Jagriti Mission, was incorporated as a
society on May 10, 1993, claiming status as a charitable institution.
On
December 19, 2005, the society file...
Delhi HC in CIT vs. M/s Dewan Chand Satyapal: Advanced Medical Diagnostic Centre Not an Industrial Undertaking; Section 80-IA Deduction Denied as Film Processing is Service, Not Manufacture
Facts of the Case
The
Assessee's Profile: The respondent, M/s. Dewan Chand
Satyapal, operates an advanced radiological clinic/diagnostic centre
(established in 1948) offering specialized medical servi...
Commissioner of Income Tax Vs. M/S. Dewan Chand Satyapal: Whether X-Ray and Imaging Facilities Qualify as Industrial Undertakings under Section 80-IA
Facts of the CaseThe Commissioner of Income Tax (Appellant) preferred two
commercial tax appeals under the Income Tax Act against the assessee, M/S.
Dewan Chand Satyapal (Respondent). The respondent runs an advanced, s...
Director of Income Tax (Exemption) vs. Vishwa Jagriti Mission: Interpretation of Genuineness of Activities under Section 12AA and Corporate/Individual Fiduciary Liability
Facts of the Case
Assessee
Profile: The Respondent, Vishwa Jagriti Mission, was
incorporated as a society on May 10, 1993, under the Societies
Registration Act, 1860, with an object clause defining it...
Director of Income Tax (Exemption) vs. Vishwa Jagriti Mission: Delhi High Court Judgment on Condonation of Delay and Registration of Charitable Trusts under Section 12A/12AA of the Income Tax Act, 1961
Facts of the Case·
Assessee Profile: The respondent-assessee, Vishwa
Jagriti Mission, is a society registered under the Societies Registration Act,
1860, running with o...
Xerox Modicorp Ltd. Vs. Deputy Commissioner of Income Tax: Validity of Reopening Assessment Under Section 147/148 Based on Change of Opinion
Facts of the CaseThe petitioner, Xerox Modicorp Ltd., filed multiple writ
petitions challenging notices issued by the Assessing Officer (AO) under Section
148 of the Income Tax Act, 1961, aiming to reopen their conclud...
Delhi High Court in M/s Xerox Modicorp Ltd. vs. DCIT: Reassessment Notices u/s 147/148 Quashed; Recorded Reasons Cannot Be Supplemented for Post-4-Year Reopenings, and Audit Opinions Do Not Constitute Tangible Material Within 4 Years
Facts of the Case
The
Petitioner’s Profile: The petitioner is a company engaged in
the export of software, the manufacture of photocopiers, and trading in
fax machines, paper, and toner.
The
...
Rollatainers Limited vs Deputy Commissioner of Income Tax – Reassessment under Section 148/147 of Income Tax Act, 1961
Facts of the
Case
Petitioner, Rollatainers Limited, is engaged in the
manufacturing of packing materials.
Filed its return for AY 2003-04 declaring a loss of ₹2.48 crores.
Original assessment complet...
Commissioner of Income Tax vs. Samsung India Electronics Ltd. | Deductibility of Interregnum Expenses Under Section 37 of Income Tax Act
Facts of the CaseThe respondent-assessee, Samsung India Electronics
Ltd., is a joint venture company incorporated on August 3, 1995. The company
received its certificate of commencement of business on August 29, 1995.
...
DIRECTOR OF INCOME TAX vs. McDONALDS CORPORATION: Validity of Reassessment Proceedings Under Section 147/148 Based on a Mere Change of Opinion Where Primary Facts Were Fully Disclosed
Facts of the Case
The
Arrangement: The assessee, McDonalds Corporation (USA),
entered into a Master Licensing Agreement (MLA) on January 1, 1996, with
McDonalds India Private Limited (MIPL). Under thi...