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Penalty under Section 271(1)(c) Invalid for Vague Notice Without Specifying Charge; Defective Notice Vitiates Penalty Proceedings: PCIT-7 vs. Virtual Software and Training Pvt. Ltd. (Delhi HC)
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act against the order passed by the Income Tax Appellate
Tribunal deleting penalty levied under Section 271(1)(c) for Assessment Year
...
Revision under Section 263 Valid Where Assessing Officer Conducted No Inquiry on Agricultural Land Claim; Order Erroneous and Prejudicial to Revenue: PCIT-11 vs. Sangeeta Jain (Delhi HC)
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act challenging the order dated 15.02.2018 passed by the Income
Tax Appellate Tribunal for Assessment Year 2013-14. The assessee, Ms. S...
Reassessment under Section 147 Invalid Where Proceedings Mandatorily Fall under Section 153C; Special Search Provisions Override General Reopening Powers: PCIT-7 vs. Naveen Kumar Gupta (Delhi HC)
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act challenging the order dated 09.12.2021 passed by the Income
Tax Appellate Tribunal for Assessment Year 2011-12. The ITAT had allowe...
Reassessment Invalid Where No Addition Made on Recorded Reasons; Other Additions Cannot Survive Independently – PCIT-7 vs. Sunlight Tour and Travels Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe assessee, Sunlight Tour and Travels Pvt. Ltd., had
originally filed its return for Assessment Year 2007–08, which was scrutinised
and assessed under Section 143(3). Subsequently, the Assessing Of...
Remote Technical Support Without “Make Available” Does Not Constitute Fees for Technical Services; No TDS Obligation Under India–USA DTAA – PCIT-2 vs. Ciena Communications India Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe respondent-assessee, Ciena Communications India Pvt. Ltd.,
made payments to its associated enterprise, Ciena Communications Inc., USA,
during Assessment Years 2012–13, 2013–14 and 2014–15 for...
Additions Under Section 153C Unsustainable Without Incriminating Material Belonging to Assessee; Survey Material Cannot Expand Jurisdiction – PCIT (Central)-3 vs. TDI Infrastructure Ltd. (Delhi High Court)
Facts of the CaseSearch and seizure operations under Section 132 were conducted
on 05.01.2009 in the cases of the Taneja–Puri Group. During the same period,
survey proceedings under Section 133A were also carried out...
Penalty Under Section 271(1)(c) Invalid Where Notice Fails to Specify Charge; Vague and Omnibus Notices Vitiate Proceedings – PCIT–04 vs. Gragerious Projects Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe assessee, M/s Gragerious Projects Pvt. Ltd., filed its
return of income for Assessment Year 2015–16 declaring a substantial loss.
During scrutiny assessment under Section 143(3), the Assessing Of...
Review Petition Pending on Cut-Off Date Qualifies as “Pending Proceedings” Under Vivad Se Vishwas Scheme; Rejection Set Aside – NRA Iron and Steel Pvt. Ltd. vs. Income Tax Department (Delhi High Court)
Facts of the CaseThe petitioner, NRA Iron and Steel Pvt. Ltd., challenged the
order dated 28.01.2021 whereby its revised declaration filed under the Direct
Tax Vivad Se Vishwas Act, 2020 for Assessment Year 2009–10 w...
Reopening Upheld Where Investigation Wing Material Shows Accommodation Entries Despite GST Compliance; Limited Scope of Section 148A Review – Majestic Handicraft Pvt. Ltd. vs. DCIT (Delhi High Court)
Facts of the CaseThe petitioner, Majestic Handicraft Private Limited, filed its
return of income for Assessment Year 2018–19 on 17.10.2018, which was processed
under Section 143(1) of the Income-tax Act, 1961. The pe...
ITAT Cannot Remand Transfer Pricing Issues Without Adjudicating Grounds Raised; Separate ALP Adjustment for Purchase of Finished Goods Requires Independent Consideration – Luxottica India Eyewear Pvt. Ltd. vs. ACIT (Delhi High Court)
Facts of the CaseThe assessee, Luxottica India Eyewear Pvt. Ltd., is an Indian
subsidiary of Luxottica Holland B.V. and is engaged in the business of trading
sunglasses. For Assessment Year 2010–11, the assessee file...