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Shanghai Electric Group Co. Ltd. vs Deputy Commissioner of Income Tax & Anr. | Delhi High Court on Stay of Tax Demand, Permanent Establishment (PE) Dispute and ITAT Expedited Hearing
Facts of the
CaseThe petitioner, Shanghai Electric Group Co. Ltd.,
had pending appeals before the ITAT for Assessment Years 2007–08 to 2011–12,
where recovery proceedings had remained stayed. For Assessment Years ...
Tax Sparing Credit under India–Oman DTAA on Dividend Income from OMIFCO | Scope of Revision under Section 263 of the Income-tax Act, 1961
Facts of the
CaseThe assessee, Krishak Bharati Cooperative Ltd.
(KRIBHCO), a multi-state cooperative society engaged in the manufacture of
fertilizers, entered into a joint venture with Oman Oil Company and formed Oma...
Pr. Commissioner of Income Tax vs Krishak Bharati Cooperative Ltd. (KRIBHCO) | Delhi High Court on Tax Sparing Credit under India–Oman DTAA, Section 90 & Revision under Section 263 of the Income Tax Act
Facts of the
CaseKrishak Bharati Cooperative Ltd. (KRIBHCO), a
multi-state cooperative society engaged in fertilizer manufacturing, entered
into a joint venture with Oman Oil Company for incorporation of Oman India
F...
Commissioner of Income Tax-IV vs. M/s Ester Industries Ltd. Delhi High Court Dismisses Revenue’s Income Tax Appeals on Ground of 860 Days’ Delay in Re-filing – Absence of “Sufficient Cause” for Condonation of Delay under the Income-tax Act
Facts of the
CaseThe matter arose before the Delhi High Court in two
connected Income Tax Appeals filed by the Revenue, namely ITA No. 137/2017 and
ITA No. 139/2017. The appellant, Commissioner of Income Tax-IV, sough...
Commissioner of Income Tax-IV vs M/s Ester Industries Ltd. | Delay in Re-filing Income Tax Appeal Cannot Be Condoned Without Sufficient Cause | Delhi High Court | Sections 260A & Limitation Principles
Facts of the
CaseThe Revenue preferred two income tax appeals before
the Delhi High Court against M/s Ester Industries Ltd. However, the appeals
suffered from an inordinate delay of 860 days in re-filing.To justify th...
Pr. Commissioner of Income Tax-6 vs National Fertilizers Ltd. | Allowability of Demurrage & Wharfage Charges, Actuarial Provision for Post-Retirement Benefits and Taxability of Notional Interest under Sections 37(1), 43B & 260A of the Income Tax Act, 1961
Facts of the CaseThe Revenue filed four appeals before the Delhi High Court
against the orders passed by the Income Tax Appellate Tribunal relating to
Assessment Years 2006-07 to 2009-10.The dispute primarily involved ...
Principal Commissioner of Income Tax, Central-2 vs Sunny Infraprojects Ltd. & Ors. | Delhi High Court on Section 153C – Necessity of Incriminating Material for Valid Assessment Proceedings under Income Tax Act
Facts of the CaseA search and seizure operation was conducted in the case of
the Minda Group on 10 January 2012. During the search, the statement of
one Santosh Kumar Jain, alleged to be an accommodation entry operator...
Rakesh Raj and Associates Vs. Commissioner of Income Tax, Central-II & Anr. | Delhi High Court on Re-determination of Special Audit Fees under Section 142(2D) of the Income Tax Act, 1961
Facts of the
CaseThe petitioner firm was appointed by the Income Tax
Department to conduct a special audit covering seven assessment years of
Micromax Informatics Limited.The audit involved extensive scrutiny an...
Principal Commissioner of Income Tax, Central-2 vs Sunny Infraprojects Ltd. & Ors. | Delhi High Court | Scope of Section 153C in Absence of Incriminating Material
Facts of the CaseThe Revenue filed four appeals under Section 260A of the
Income Tax Act against a common order of the ITAT whereby additions made
against the assessees were deleted. The dispute arose from a search con...
Commissioner of Income Tax vs Pinaki Misra & Sangeeta Misra | Delhi High Court | Block Assessment Cannot Include Already Disclosed Income under Section 158BC
Facts of the
CaseThe Income Tax Department conducted a search and
seizure operation under Section 132 at the residence of Pinaki Misra in
November 1996. During the block assessment proceedings, the Assessing Officer
...