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Commissioner of Income Tax vs. M/s India Crafts (and Connected Matters): Retrospective Application of Section 271(1B) of the Income Tax Act, 1961 and the Statutory Legal Fiction of Deemed Satisfaction for Initiating Penalty Proceedings
Facts of
the Case
The
Parties and Appeals: The Revenue (Commissioner of Income
Tax) preferred a large batch of thirty-one interconnected statutory income
tax appeals before the High Court of De...
CIT v. Marubeni India P. Ltd.: No Section 201(1A) Interest on Bonafide Short-Deduction of TDS Under Section 192
Facts
of the Case·
The Assessee: M/s Marubeni India P. Ltd. (Respondent), a
private limited company incorporated in India, employs foreign nationals
(expatriate employ...
The Motor & General Finance Ltd., MGF India Ltd., Goodwill (India) Ltd., and MGM (India) Ltd. vs. Commissioner of Income Tax-VI, New Delhi (2009) | Scope of Section 244A of the Income-tax Act, 1961: Maintainability of Claims for Interest on Interest / Compensatory Interest on Tax Refunds Post Appellate Orders Modifying Scrutiny Assessments Under Section 143(3)
Facts of the Case:The assessees—comprising The Motor
& General Finance Ltd., MGF India Ltd., Goodwill (India) Ltd., and MGM
(India) Ltd.—filed their respective returns of income, wherein the tax paid
via Advan...
Commissioner of Income Tax v. M/S ITC Hotels Ltd. (ITA Nos. 778/2008, 779/2008, 780/2008, 814/2008 & 816/2008) – Whether Tips Collected and Distributed to Employees Attract TDS Obligations Under Section 192 and Default Liability Under Sections 201(1) and 201(1A) of the Income Tax Act, 1961: Delhi High Court Validates Employer’s Bona Fide Belief
Facts of the Case
The
Revenue (Income Tax Department) preferred appeals against a common order
passed by the Income Tax Appellate Tribunal (ITAT) dated July 27, 2007.
The
dispute pertained to multi...
The Motor & General Finance Ltd. vs. Commissioner of Income Tax-VI | Right to Interest on Interest under Section 244A of the Income Tax Act
Facts
of the CaseThe appellant-assessees, including M/s
The Motor & General Finance Ltd. and Goodwill India Ltd., filed their
returns of income tax and initially received refunds along with statutory
interest on ...
Commissioner of Income Tax vs. M/s ITC Hotels Ltd. | Section 192 & 201 of Income Tax Act: Whether Tips Collected from Customers and Distributed to Employees Attract TDS under Salary? – Bonafide Belief Negates 'Assessee in Default' Status
Facts of the Case
The
Revenue (Income Tax Department) preferred multiple appeals (ITA Nos.
778/2008 to 780/2008, 814/2008 & 816/2008) against a common order
passed by the Income Tax Appellate Trib...
Commissioner of Income Tax vs. M/s. G.G. Medical Health Care Ltd.(Under Section 143(3) read with Section 260A of the Income Tax Act, 1961 – Validity of Protective Assessment / Additions based on Unverified Third-Party Claims and Alleged Fraudulent Bank Transactions)
Facts
of the Case·
The Respondent-Assessee (M/s. G.G.
Medical Health Care Ltd.) was assessed at a loss of ₹7,34,190 for the
Assessment Year 1993-94. · &n...
Commissioner of Income Tax vs. Total Care Limited (ITA Nos. 768/2008 & 769/2008) – Whether Franchisee Service Fees Qualify as 'Rent' Under Section 194-I of the Income Tax Act, 1961 for TDS Deduction | Delhi High Court Judgment
Facts of the Case
The
Parties & Appeals: The Revenue (Appellant) filed appeals
against the assessee, Total Care Limited (Respondent), regarding
Assessment Years 2003-04 and 2004-05. These appeals ...
CIT v. M/s Vikas Electronics (International) Pvt. Ltd. | Section 37(1) of the Income Tax Act, 1961: Commercial Expediency, Proof of Services, and Corporate Tax Litigations on Commission Disallowances
Facts
of the CaseThe Appellant, the Commissioner of
Income Tax (Delhi-I, New Delhi), filed an appeal (ITA No. 1407 of 2006) against
the Respondent, M/s Vikas Electronics (International) Pvt. Ltd. The dispute
original...
Commissioner of Income Tax v. M/s India Crafts (and Connected Matters): Applicability of Retrospective Amendment Under Section 271(1B) on the Recording of Satisfaction for Penalty Proceedings
Facts of the Case
A
batch of appeals was preferred by the Revenue (Commissioner of Income Tax)
against multiple respondents, including M/s India Crafts, M/s Bharat Cine
Co. (P) Ltd., and others.
Th...