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Vodafone Roaming Services SARL vs Assistant Commissioner of Income Tax (Delhi High Court, 2023) – Reassessment & Natural Justice under Sections 148A, 144C IT Act
Facts of the Case
The
petitioner, Vodafone Roaming Services SARL, is a tax resident of
Luxembourg.
The
Revenue alleged that the petitioner failed to file a return for AY
2014–15.
I...
Siemens Industry Software NV vs Assistant Commissioner of Income Tax (International Tax), Circle 3(1)(2), New Delhi & Anr. | Delhi High Court | AY 2019-20 | Reassessment due to Incorrect TDS Entry Set Aside
Facts of the CaseThe present writ petition pertains to Assessment Year (AY)
2019–20. The petitioner, Siemens Industry Software NV, was subjected
to reassessment proceedings triggered due to an error in the Tax Deduct...
Sukhdeep Singh Chadha vs Assessment Unit, Income Tax Department (Delhi High Court, 2023) – Violation of Natural Justice under Sections 143(3) & 144B of Income Tax Act
Facts of the Case
The
case pertains to Assessment Year (AY) 2021–22.
A
show cause notice dated 07.06.2023 was issued proposing variation in
taxable income.
The
petitioner was given time ...
Principal Commissioner of Income Tax-7 vs Polyplex Corporation Ltd. – Tax Sparing Credit under Indo-Thailand DTAA (Section 90, Income Tax Act, 1961)
Facts of the CaseThe case pertains to Assessment Years 2010–11 to 2013–14,
where the assessee, Polyplex Corporation Ltd., earned dividend income from its
Thai subsidiary. The assessee claimed foreign tax credit amo...
Principal Commissioner of Income Tax–7 vs M/s Polyplex Corporation Ltd (Delhi High Court, 2023) – Tax Sparing Credit under Indo–Thailand DTAA u/s 90(2) of Income Tax Act
FACTS OF THE CASE
The
assessee earned dividend income from its Thai subsidiary.
Thailand
granted tax exemption on such dividend under its domestic law.
The
assessee claimed tax credit in India (...
PR. Commissioner of Income Tax, Central-11 vs DSC Ltd. (Delhi High Court) – Reopening of Assessment u/s 147 Beyond 4 Years Held Invalid in Absence of Failure to Disclose Material Facts
Facts of the CaseThe respondent-assessee, DSC Ltd., filed its return of income
for AY 2006–07 declaring income of ₹54.14 crores. The case was originally
assessed under Section 143(3).Subsequently, a search operatio...
Principal Commissioner of Income Tax Delhi-4 vs Nestle India Ltd (Delhi High Court) – No Substantial Question of Law in License Fee Disallowance, Section 14A & Depreciation Issues
Facts of
the CaseThe present appeal was filed by the Revenue challenging the
order of the Income Tax Appellate Tribunal dated 31.07.2020 for Assessment Year
2011–12. The issues raised pertained to:
Deletion
...
Principal Commissioner of Income Tax–7 vs M/s Polyplex Corporation Ltd. (Delhi High Court) – Tax Sparing Credit under Section 90 & Article 23 of Indo-Thailand DTAA
Facts of the CaseThe present matter arose from appeals filed by the Revenue
against a common order of the Income Tax Appellate Tribunal concerning
Assessment Years 2010–11 to 2013–14.The assessee, M/s Polyplex Corp...
Commissioner of Income Tax vs Spirit Infradevelopers & Ors. (Delhi High Court, ITA 192/2018 & Connected Appeals, AY 2011–12)
Facts of the Case
The
Revenue (Commissioner of Income Tax) filed multiple appeals against
different assessees belonging to the Spirit Group.
All
appeals concerned Assessment Year 2011–12.
The
...
Principal Commissioner of Income Tax, Delhi-04 vs Nestle India Ltd (Delhi High Court) – Depreciation on UPS @60% & Subsidy as Capital Receipt Not Adjustable to Block of Assets (Sections 14A, 32, 43(1), 244A)
Facts of the CaseThe present appeal pertains to Assessment Year 2009–10,
wherein the assessee, Nestle India Ltd, filed its return declaring total income
of ₹728.92 crores. The case was subjected to scrutiny a...