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Commissioner of Income Tax-XI vs M/s DLF Commercial Project Corporation – Delhi High Court on Taxability of Advances for Development Rights and TDS on Reimbursement Expenses under Sections 40(a)(ia) & 194C of the Income Tax Act
Facts of the
CaseThe assessee was engaged in the business of
development of land and acquisition of development rights from land-owning
companies.During assessment proceedings, the Assessing
Officer observed that sub...
Commissioner of Income Tax-II & Commissioner of Income Tax vs JCB India Ltd. – Delhi High Court on Development Charges as Revenue Expenditure, Capital vs Revenue Expenditure and Rule of Consistency | AY 2007-08 & 2008-09
Facts of the
CaseJCB India Ltd. claimed development charges as
revenue expenditure in its returns for AY 2007-08 and AY 2008-09. The Assessing
Officer treated such expenditure as capital expenditure on the basis that ...
HCL Technologies Limited vs Deputy Commissioner of Income Tax & Another – Reassessment under Sections 147/148 Beyond Four Years Held Invalid in Absence of Failure to Disclose Material Facts | Delhi High Court
Facts of the
CaseHCL Technologies Limited claimed software licence
fee expenditure amounting to approximately Rs. 31.69 crores as revenue
expenditure for Assessment Year 2006–07. During the original assessment
proc...
Pr. Commissioner of Income Tax (Central)-I vs Nageshwar Investment Ltd. | Section 153C of Income Tax Act – Interpretation of “Belongs To” for Hard Copy and Hard Disk Documents | Delhi High Court
Facts of the
CaseThe Income Tax Appellate Tribunal passed a common
order dated 28 November 2014 concerning Assessment Years 2005-06, 2006-07,
2007-08 and 2008-09. While deciding the appeals, the Tribunal relied upon t...
Commissioner of Income Tax, Central-III vs PACL India Limited | Delhi High Court on Disallowance of Land Development Expenditure under Sections 143(3) & 260A of the Income Tax Act
Facts of the
CasePACL India Limited was engaged in the business of
development and sale of agricultural land. The company purchased agricultural
land, developed it through contractors, and thereafter sold it as develo...
Commissioner of Income Tax Delhi-21 vs Om Prakash Khaitan | Delhi High Court on Taxability of Client Advances Received by Lawyers and Disallowance under Section 14A of Income Tax Act
Facts of the
CaseThe assessee, Om Prakash Khaitan, proprietor of M/s
O.P. Khaitan & Company, was engaged in legal practice as a solicitor and
advocate and had consistently followed the cash system of accounting si...
Mool Chand Khairati Ram Trust vs Director of Income Tax (Exemptions) – Delhi High Court | Exemption under Sections 11, 12 & 12A for Charitable Trust Running Integrated Ayurvedic and Allopathic Hospital
Facts of the
Case
Mool Chand Khairati Ram Trust was created under a Will executed by
Late Lala Khairati Ram.
The principal objects of the trust included:
Promotion and teaching of Sanskrit;
Improvemen...
Pr. Commissioner of Income Tax (Central-II) vs Aakash Arogya Mandir Pvt. Ltd. | Delhi High Court | Mandatory Recording of Satisfaction under Section 153C Even When Same AO Handles Searched Person and Assessee
Facts of the
Case
The Revenue filed appeals under Section 260A of the Income Tax Act
against the common order of the ITAT relating to Assessment Years 2003-04,
2004-05 and 2006-07.
The ITAT had held that...
Commissioner of Income Tax, Delhi (Central-II) vs Navbharat International Ltd. & M/s Navbharat Export – Rejection of Books of Accounts Solely on Excess Stock Declaration During Search Not Sustainable | Delhi High Court
Facts of the
CaseThe assessee entities, namely Navbharat
International Ltd. and M/s Navbharat Export, were subjected to search
proceedings wherein excess stock was declared. Based on such declaration, the
Assessing O...
BLB Limited vs Deputy Commissioner of Income Tax & Others – Delhi High Court Directs Disposal of Pending Income Tax Refund Claims for AY 2006-07 to AY 2011-12
Facts of the
CaseBLB Limited had submitted refund claims before the
Income Tax Department in respect of Assessment Years 2006-07 through 2011-12.
Different refund amounts were involved in each petition. The petitioner...