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Director of Income Tax, New Delhi vs. M/s Sheraton International Inc. (2009): Delhi High Court Judgement on Characterization of Marketing, Advertisement, and Global Reservation Fees as Non-Taxable Business Profits vs. Royalty or Fee for Included Services (FIS) Under Section 9(1) of Income Tax Act and India-USA DTAA
Facts of the Case
The
Assessee (Sheraton International Inc.) is a company incorporated in
the USA and qualifies as a non-resident under Indian tax laws. It provides
global hotel-related services.
T...
Reach Cable Networks Ltd. vs. Deputy Director of Income Tax: Validity of Notices Issued Under Sections 147 and 148 for First-Time Assessment Based on Ledger Account Evidence and the Deemed Escapement of Income
Facts of the Case
Impugned
Notices: The Petitioner, Reach Cable Networks Ltd.,
challenged the Notice dated March 3, 2006, issued by the Income Tax
Department requiring the preparation of true and corr...
Commissioner of Income Tax, Delhi (Central)-II vs. Shri Kulwant Rai: Deletion of Undisclosed Block Assessment Additions Made on Mere Surmises and Suspicion Regarding Unsigned Property Agreements and Prior Documented Bank Cash Withdrawals Under Section 158BC and Section 260A of the Income Tax Act, 1961.
Facts of the Case
Search
Operations: A search and seizure operation under Section
132 of the Income Tax Act was conducted at the premises of Usha India
Ltd.. The Assessee (Shri Kulwant Rai) was one of...
Sudha Burman vs. Commissioner of Income Tax: Whether Corporate-Funded International Travel Expenditures of a Director’s Spouse Constitute a Taxable Benefit or Perquisite under Section 2(24)(iv) of the Income Tax Act, 1961, in the Absence of Proven Business Urgency and Commercial Nexus
FACTS OF THE CASE
The
Appellant, Smt. Sudha Burman, is the spouse of Shri A.C. Burman, who was
the Chairman of M/s Dabur India Ltd. She possesses independent income
streams derived from house property...
M/S Rella Ram Sant Ram vs. Commissioner of Income Tax: High Court of Delhi on Block Assessment, Search and Seizure, and Factual Determinations in Stock Valuation Under Section 158BC and Section 260A
Facts of the Case
Search
Operations: A search under Section 132(1) of the Income
Tax Act, 1961, was conducted on August 7, 1997, at the business premises
of the Appellant (an assessee firm engaged in ...
Shri Deepak Kr. Singh @ Ajay Kumar v. Chief Commissioner of Income Tax – Informer Reward Claim in Tax Evasion Cases and Timing of Final Reward Determination
Facts of the
Case
The petitioner claimed that he had acted as an informer for the
Income Tax Department in national interest.
According to the petitioner, he provided detailed information on 13
Jan...
Commissioner of Income Tax-V vs. Nu-Cork Products Pvt. Ltd.: Section 80-I Deduction Allowed for Small-Scale Industry Manufacturing Eleventh Schedule Items Based on the Rule of Consistency and Statutory Provisos
Facts of the Case
Assessee
Status & Activity: The Assessee, M/s Nu-Cork Products Pvt.
Ltd., is a Small Scale Industrial Undertaking (SSI) that has been engaged
in the manufacturing of rubberised c...
Commissioner of Income Tax v. Calcutta Test House Pvt. Ltd. – Requirement of Specific Satisfaction for Penalty under Section 271(1)(c) of the Income-tax Act, 1961
Facts of the
Case
The Revenue challenged an order passed by the Income Tax Appellate
Tribunal, Delhi Bench ‘G’, relating to Assessment Year 1998-99.
The tax effect involved in the appeal was Rs. 1,44,000, ...
Commissioner of Income Tax vs. U.P. Distillers Association | Maintainability of Revenue Appeals Under Section 260A of Income Tax Act, 1961 Vis-à-vis Monetary Limits Prescribed by CBDT Instruction No. 2 of 2005 on Recurring Substantial Questions of Law
Facts of the Case
The
Revenue (Appellant) filed an appeal under Section 260A of the Income Tax
Act, 1961 against the order dated 5th April, 2007 passed by the Income Tax
Appellate Tribunal (ITAT), Del...
Usha Drager P. Ltd. v. Commissioner of Income Tax & Anr. | Quashing of Section 142(2A) Special Audit Order for Violation of Natural Justice and Audi Alteram Partem: Delhi High Court Alignment with Supreme Court’s Rajesh Kumar Precedent
Facts of the Case
Parties
Involved: The Petitioner is M/s Usha Drager P. Ltd.,
and the primary Respondent is the Commissioner of Income Tax.
The
Impugned Order: An order dated December 20/21, 2006,...