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Director of Income Tax vs Infrasoft Ltd. - Section 9(1)(vi) ITA 1034/2009: Software License Fees Not Royalty under DTAA
Facts of the
CaseThe appellant, Director of Income Tax,
challenged the assessment of Infrasoft Ltd., an international software
development company, regarding taxability of amounts received from licensing
civil engine...
Commissioner of Income Tax vs. NR Portfolio Pvt. Ltd. - Analysis of Section 68 Additions under Income Tax Act, 1961 (Assessment Years 2002-03 & 2003-04)
Facts of the
Case
The appellant, Commissioner of Income Tax, challenged
deletions made by the Income Tax Appellate Tribunal (ITAT) regarding share
application money received by NR Portfolio Pvt. Ltd., the
...
Commissioner of Income Tax, Delhi XVI vs Arun Malhotra - Delhi High Court on Block Assessment, Bogus Purchase Transactions, Cross-Examination Rights and Section 158BC Proceedings
Facts of the Case
A search and seizure operation under the Income Tax Act was
conducted on 14 July 1999 at the residence of Arun Malhotra.
Pursuant to notice under Section 158BC, a return for the block
pe...
Oracle India Private Limited & Oracle Software India Limited vs Commissioner of Income Tax – Whether Expenditure on Import of Master Copy of Oracle Software for Duplication and Licensing is Revenue Expenditure or Capital Expenditure under Sections 37, 35A, 40(a)(i), and 80-IA of the Income Tax Act, 1961
Facts of the
CaseOracle India Private Limited and Oracle Software
India Limited were subsidiaries of Oracle Corporation, USA. Under a licensing
agreement dated 28 May 1993, the companies obtained non-exclusive rights ...
Thomson Press (India) Ltd. vs Commissioner of Income Tax-II | Delhi High Court | Section 10A & 263 Dispute on Notional Interest
Facts of the Case
Assessee:
Thomson Press (India) Ltd., operating multiple printing units including
NEPZ Noida.
Controversy:
Whether notional interest credited in the books of the eligible
un...
Oracle India Private Limited & Oracle Software India Limited vs Commissioner of Income Tax (Delhi High Court) - Whether Cost of Imported Software Master Copy for Duplication is Capital or Revenue Expenditure under Sections 37 and 35A of the Income Tax Act, 1961
Facts of the
CaseOracle India Private Limited and Oracle Software
India Limited were subsidiaries of Oracle Corporation, USA and operated under a
license agreement dated 28 May 1993.Under the agreement:
The assessee...
Commissioner of Income Tax, Delhi XVI vs Arun Malhotra - Delhi High Court on Block Assessment under Section 158BC, Bogus Purchase Transactions, Cross-Examination Rights and Section 69A Addition [2013:DHC:6051-DB]
Facts of the
Case
Search and seizure proceedings were conducted against Arun Malhotra
on 14 July 1999.
Pursuant to notice under Section 158BC, the assessee filed a return
declaring undisclosed income of ...
Oracle System Corporation vs Deputy Director of Income Tax | Delhi High Court | Reopening of Assessment under Sections 147 & 148 of Income Tax Act Beyond Four Years Quashed
Facts of the
CaseThe present writ petition pertained to Assessment
Year 2004–05. The petitioner challenged the notice issued under Section
148 dated 28.03.2011 and the consequential reassessment proceedings,
includ...
M/s Today Homes & Infrastructure (P) Ltd. & Today Hotels Pvt. Ltd. vs Commissioner of Income Tax (Central)-III & Others, Section 226 | Delhi High Court on Withdrawal of Writ Petition with Liberty to Challenge Settlement Commission Order
Facts of the Case
The petitioners filed writ petitions before the Delhi High Court
relating to proceedings involving the Settlement Commissioner.
During the pendency of the writ petitions, rectification
a...
Commissioner of Income Tax Vs. Sudhir Jain | Delhi High Court on Section 271AAA Penalty on Surrendered Income Assessed in AOP Members' Hands
Facts of the
CaseDuring a search operation, an amount of Rs. 20
crores was surrendered as undisclosed income and the tax liability was agreed
to be discharged in accordance with the statement recorded under Section 13...