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Commissioner of Income Tax-IV vs. M/s. Dwarkadhish Investment (P) Ltd. & Anr.: Onus of Proof and Shifting of Burden Under Section 68 of the Income Tax Act Regarding Share Application Money
Facts of the Case
The
respondent-assessees (M/s. Dwarkadhish Investment (P) Ltd. and M/s.
Dwarkadhish Capital (P) Ltd.) were engaged in financing and trading
shares.
For
the Assessment Year 2...
CIT/Director of Income Tax vs. Khatropel – Dismissal of Income Tax Appeals Due to Low Tax Effect Under Section 260A of the Income Tax Act, 1961
Facts of the CaseThe Revenue (Appellant) preferred four interconnected income
tax appeals, designated as ITAS Nos. 177/2009, 178/2009, 180/2009, and
181/2009, before the Hon'ble Delhi High Court against the respondent-...
Maintainability of Revenue's Appeals Under Section 260A: Delhi High Court Dismisses Multiple Income Tax Appeals (ITA No. 177/2009 & Others) in Limine Due to Cumulative Tax Effect Falling Below the Prescribed CBDT Monetary Limits for High Court Litigation
Facts of the CaseThe Revenue (Income Tax Department) filed four separate
statutory income tax appeals (ITA Nos. 177/2009, 178/2009, 180/2009, and
181/2009) before the High Court of Delhi. These appeals spanned across f...
Director of Income Tax vs. M/s Shree Visheshwar Nath Memorial Public Charitable Trust (2010) 2010:DHC:4086-DB – Exemption under Section 11 Cannot Be Denied Merely Because Trust Invested in Bonds Treated as Debentures under Law
Facts of the
Case
The respondent-assessee was a charitable trust.
The Income Tax Officer accepted that the objects of the trust were
charitable within the meaning of Section 2(15) of the Income-tax Act,
...
Commissioner of Income Tax vs Ms. Kavita Jha: Maintainability of Income Tax Appeals Under Section 260A Where Cumulative Tax Effect Falls Below the Prescribed Monetary Limits and Thresholds Policy
Facts of the CaseThe Revenue Department (Appellant) preferred four
interconnected income tax appeals under Section 260A of the Income Tax Act,
1961, against the Assessee (Respondent). These statutory appeals, registere...
Commissioner of Income Tax vs. M/s Noble Resources & Trading Pvt. Ltd. – Reassessment Beyond Four Years Held Invalid in Absence of Failure to Disclose Material Facts | Section 147 & Section 148 of the Income Tax Act, 1961
Facts of the
Case
The assessee, M/s Noble Resources & Trading Pvt. Ltd., filed
its return of income on 25 January 2001 declaring income of
Rs.13,40,570/-.
The return was processed and notice was duly...
Commissioner of Income Tax vs Mrs. Kulbir Kaur: Whether Deletion of Additions Under Section 69 Regarding Unexplained Investment in Immovable Property on the Basis of Third-Party Seized Loose Papers Without Corroborative Evidence Is Sustainable in Block Assessment
FACTS OF THE CASE
The
Revenue preferred an appeal before the Hon’ble High Court of Delhi against
the order of the Income Tax Appellate Tribunal (ITAT) dated 17th October
2008, concerning block asses...
Commissioner of Income Tax (CIT) vs VLS Finance Ltd. – Reassessment Beyond Four Years Invalid in Absence of Failure to Make Full and True Disclosure | Section 147, Section 148 & Section 35D of the Income-tax Act, 1961
Facts of the CaseThe assessee, VLS Finance Ltd., filed its
income tax returns for Assessment Years 1996-97 and 1997-98. The assessments
were completed under Section 143(3) of the Income-tax Act, 1961. The assessee
cla...
Commissioner of Income Tax vs. M/s Suruchi Aggarwal (ITAS No. 177/2009, 178/2009, 180/2009 & 181/2009): Delhi High Court Dismisses Revenue's Appeals on Grounds of Low Tax Effect under Section 260A
Facts of the CaseThe Revenue Department (Appellant) preferred four separate
statutory income tax appeals before the Hon'ble Delhi High Court. These
appeals—numbered ITAS No. 177/2009, 178/2009, 180/2009, and 181/2009...
Dabur India Ltd. vs. Commissioner of Income Tax [2010] 2010:DHC:4111-DB (Delhi High Court) – Revision under Section 263 for Wrong Allowance of Chapter VI-A Deductions on Capital Gains and Other Income
Facts of the
Case
The assessee, Dabur India Ltd., filed its return of income for
Assessment Year 1999-2000 declaring Nil income under normal provisions and
book profit under Section 115JA of the Income Tax...