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The Commissioner of Income Tax vs. Sh. Sashi Mukundan & Ors.: Delhi High Court on Expatriate Salary Perquisites and Judicial Precedent Consistency
Facts of the CaseThe Income Tax Department (Revenue) filed a batch of appeals
(ITA No. 379/2007 and multiple connected matters) before the High Court of
Delhi against various individual assessees, including forei...
Commissioner of Income Tax vs. Yoshio Kubo & Ors.: Delhi High Court Judgement on Tax Equalization and Expatriate Salary Perquisites under Section 17
Facts of the CaseThe revenue filed a cluster of appeals (led by ITA No.
379/2007 and connected matters) against various foreign expatriates rendering
services in India for multinational corporations. The core dispute a...
Ashwani Kumar Goel vs Income Tax Settlement Commission & Others: Delhi High Court on Jurisdiction of Settlement Commission and Limitation under Sections 158BE, 245D & 245F of the Income Tax Act, 1961
Facts of the CaseSearch and seizure proceedings were conducted on 07.08.1997 at
the residential and business premises of the petitioner, his wife, and other
relatives. Several documents and articles were seized, and th...
Commissioner of Income Tax Vs. B.L. Passi – Depreciation on Trucks Given on Hire under Section 32 of the Income Tax Act: Ownership and Actual Business Use Upheld by Delhi High Court
Facts of the Case
The
assessee, B.L. Passi, operated a proprietary concern named M/s Pasco
Automobiles dealing in sale of Maruti cars on commission basis and also
earned income from partnership firms ...
Onassis Axles Private Limited vs Commissioner of Income Tax – Addition of Share Application Money under Section 68 of the Income Tax Act for Unexplained Cash Credits and Genuineness of Share Capital Transactions
Facts of the CaseThe assessee company, Onassis Axles Private Limited, during
Assessment Year 2007–08 claimed receipt of share application money amounting to
₹1.80 crores. Out of this amount, the dispute pertained t...
Commissioner of Income Tax XVI vs. Sh. Sashi Mukundan (and Connected Matters) | Perquisite Valuation and Expatriate Taxation under Section 17 of the Income Tax Act, 1961
Facts of the CaseThe Revenue filed a series of Income Tax Appeals (including
ITA No. 379/2007, ITA No. 387/2008, ITA No. 212/2009, and others) against
various individual assessees. The central disputes in this ba...
Commissioner of Income Tax v. Goram Westerberg (and Connected Matters including ITA No. 370/2011)
FACTS OF THE CASE
The
Revenue filed a series of connected income tax appeals against various
individual assessees. Among these connected matters was ITA No. 370/2011,
preferred by the Commission...
Rasalika Trading and Investment Co. Pvt. Ltd. vs Deputy Commissioner of Income Tax & Anr. | Reassessment under Sections 147/148 of Income Tax Act on Stale Investigation Material and Change of Opinion – Delhi High Court (2014)
Facts of the Case
The
petitioner-company was carrying on investment and securities business
activities.
During
Assessment Year 2005–06, the petitioner raised additional capital and
issued s...
Anand Kumar vs Commissioner of Income Tax-VIII, New Delhi & Another – Taxability of Interest on FDRs Pledged for Export Credit Facilities under Sections 56, 80HHC, 143(3) and 260A of the Income Tax Act, 1961
Facts of the Case
The
assessee, Anand Kumar, filed his return of income for Assessment Year
1998-99 declaring total income of ₹7,66,512.
The
assessee claimed that interest earned on FDRs pl...
Commissioner of Income Tax XVI vs. Sh. Sashi Mukundan: Landmark Delhi HC Judgment on Expatriate Taxation & Perquisites Under Section 17
Facts of the Case
The
appellant in this batch of appeals is the Revenue (The Commissioner of
Income Tax).
The
respondents are various individual assessees/expatriate employees working
in Indi...