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Assessment Proceedings Time-Barred Where No Order Passed After ITAT Remand Within Section 153 Limitation; Refund Directed – Huawei Telecommunications India Co. Pvt. Ltd. vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Huawei Telecommunications India Company
Private Limited, filed its return of income for Assessment Year 2012–13
declaring a loss. The return was selected for scrutiny and assessment w...
Investment in Property With Brick Kiln Not Eligible for Section 54F Exemption; “Makaan” in Sale Deed Not Sufficient to Prove Residential House – Himanshu Garg vs. ACIT (Delhi High Court)
Facts of the CaseThe assessee, Himanshu Garg, sold certain lands during
Assessment Year 2014–15 for a consideration of ₹3,23,88,500/- and declared
long-term capital gains of ₹1,84,23,729/-. He claimed exemption u...
Transfer Pricing Reference Without International Transaction Is Without Jurisdiction; TPO Cannot Re-Benchmark Past Asset Acquisition for Depreciation Year – Fab India Overseas Pvt. Ltd. vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Fab India Overseas Private Limited, challenged
the order dated 28.01.2021 passed by the Transfer Pricing Officer for
Assessment Year 2011–12. The petitioner had acquired the trademark...
Reopening Beyond Four Years Invalid Absent Allegation of Failure to Disclose Material Facts; Change of Opinion Not Permissible – Discovery Communications India vs. Addl. CIT (Delhi High Court)
Facts of the CaseThe petitioner, Discovery Communications India, was engaged in
the business of distribution, advertisement sales, marketing and production of
educational and entertainment programmes for various Discov...
Reassessment Notice Upheld Where Assessee Fails to Explain Large Cash Deposits at Section 148A Stage; Court Declines Interference – Dhan Prakash Gupta vs. Income Tax Department (Delhi High Court)
Facts of the CaseThe petitioner, Dhan Prakash Gupta, challenged the notice
dated 01.03.2024 issued under Section 148A(b) and the order dated 30.03.2024
passed under Section 148A(d) of the Income-tax Act, 1961 seeking t...
Reopening Under Sections 147/148 Valid Where Section 153C Threshold Not Met; Abhisar Buildwell Applied to Third-Party Search Information – Daisy Distributors Pvt. Ltd. vs. ITO (Delhi High Court)
Facts of the CaseThe petitioner, Daisy Distributors Pvt. Ltd., challenged the
order dated 24.07.2022 passed under Section 148A(d) and the consequential
notice dated 24.07.2022 issued under Section 148 of the Income-tax...
Viability Gap Funding Under BOT Concession Agreements Not Subject to TDS Under Section 194C; Capital Grant Not Payment for Work – CIT (TDS)-2 vs. National Highway Authority of India (Delhi High Court)
Facts of the CaseThe respondent, National Highway Authority of India (NHAI), is
a statutory authority constituted under the National Highways Authority of
India Act, 1988 and is responsible for development, maintenance...
Penalty Under Section 271C Time-Barred Where JCIT Delays Action After AO’s Reference; Initiation Begins With First Step – CIT (TDS)-2 vs. Turner General Entertainment Networks India Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe assessee, Turner General Entertainment Networks India Pvt.
Ltd., filed its return of income for Assessment Year 2011–12 on 30.11.2011
declaring a loss of ₹2,62,04,18,432/-. The tax audit report...
Penalty Order Invalid If Issued Beyond Reasonable Period Despite Absence of Statutory Trigger; Limitation Under Section 275(1)(c) Strictly Enforced – CIT (TDS)-1 vs. Adma Solutions Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe assessee, M/s Adma Solutions Pvt. Ltd., formerly known as
M/s Infovision Information Services Pvt. Ltd., is engaged in the business of
providing call centre services. A survey under Section 133A of...
Reassessment Set Aside Where AO Misreads Ledger and Ignores Detailed Reply; Mechanical Approval Under Section 148A(d) Invalid – Yogender Mohan Rustagi vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Yogender Mohan Rustagi, challenged the notice
dated 08.08.2024 issued under Section 148A(b), the order dated 31.08.2024
passed under Section 148A(d), and the consequential notice dated ...