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AVTEC Limited vs Deputy Commissioner of Income Tax (Delhi High Court) – Reopening of Assessment under Sections 147 & 148 Invalid in Absence of Failure to Disclose Material Facts
Facts of the
Case
The petitioner, AVTEC Limited, had originally undergone assessment
under Section 143(3) of the Income-tax Act on 24.12.2008 for Assessment
Year 2006–07.
Subsequently, a notice dated 2...
Dharamshila Cancer Foundation and Research Centre vs Commissioner of Income Tax (TDS) & Another – Delhi High Court on Section 197 Certificate for Nil TDS Rate and Timely Disposal of Applications under the Income-tax Act, 1961
Facts of the
CaseDharamshila Cancer Foundation and Research Centre
filed a writ petition concerning the issuance of a certificate under Section
197 of the Income-tax Act, 1961. The petitioner contended that TDS on its...
Commissioner of Income Tax–9 vs Narain Dass Taneja | Reassessment u/s 147 & Notice u/s 148 Cannot Be Sustained Where Full and True Disclosure Was Made During Original Assessment | Delhi High Court
Facts of the
Case
The assessee filed return of income for Assessment Year 2004–05
declaring a loss of ₹6,21,629.
Original assessment was completed under Section 143(3) on
17.11.2006.
During the ori...
Commissioner of Income Tax, Delhi-IV vs Shiv Raj Gupta | Taxability of Non-Compete Fee under Section 28(ii) of the Income Tax Act – Delhi High Court
Facts of the Case
Shri Shiv Raj Gupta was Chairman-cum-Managing Director of M/s
Central Distillery and Breweries Ltd. (CDBL), a listed public company
engaged in manufacturing and sale of IMFL and beer.
Th...
Commissioner of Income Tax vs M/s Harig India Limited – Job Work Manufacturing of Gold Jewellery Held as Manufacturing Activity Eligible for Deduction under Section 80HHC of the Income Tax Act, 1961 | Delhi High Court
Facts of the
Case
The assessee company had been engaged in manufacturing and sale of
hydraulics, machine tools, parts, components and assemblies and had also
commenced export of jewellery.
For Assessment...
Commissioner of Income Tax, Central-II vs Home Developers Pvt. Ltd. | Delhi High Court on Penalty under Sections 269SS, 271D & Cash Transaction Allegations Based on Loose Papers
Facts of the
CaseA search and seizure operation was conducted under
Section 132 of the Income Tax Act wherein certain loose papers and documents
were recovered from Shri Yogesh Gupta and other connected premises. Duri...
Commissioner of Income Tax-XIII vs Hitesh Bansal – Section 40A(3) Disallowance on Cash Payments, Commercial Expediency & Aggregation of Cash Transactions | Delhi High Court
Facts of the
CaseThe Revenue filed an appeal before the Delhi High
Court against the order dated 9 May 2014 passed by the Income Tax Appellate
Tribunal for Assessment Year 2008-09. The respondent-assessee, Hitesh Bans...
Commissioner of Income Tax-VI vs Tupperware India Pvt. Ltd. | Delhi High Court | Allowability of Mould Hire Charges under Section 37(1) of Income Tax Act | Obsolete Stock Valuation | ITA 787/2014, 788/2014 & 791/2014
Facts of the CaseThe Revenue filed
appeals for Assessment Years 2006-07, 2007-08 and 2008-09 challenging the
allowability of expenditure incurred by Tupperware India Pvt. Ltd. towards hire
charges paid for plastic mou...
Commissioner of Income Tax-VIII vs. Naresh Kumar Jaggi | Penalty under Section 140A(3) Cannot Be Imposed Mechanically When Self-Assessment Tax Is Paid Before Show Cause Notice
Facts of the CaseThe assessee filed
the return of income for Assessment Year 2009-10 declaring income of Rs.
6,23,36,790/-. After adjustment of advance tax already paid, self-assessment
tax amounting to Rs. 1,26,46,87...
Commissioner of Income Tax, Delhi-IV vs M/s DCM Limited – Whether Transfer Under Scheme of Arrangement Amounts to “Transfer” Under Section 32A(5) of the Income Tax Act for Withdrawal of Investment Allowance | Delhi High Court
Facts of the
CaseM/s DCM Limited had availed investment allowance
benefits under Section 32A of the Income Tax Act during Assessment Years
1983-84 to 1990-91 in respect of machinery and industrial assets installed by
...