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India Trade Promotion Organisation vs. Commissioner of Income Tax: Right to Interest under Section 244A on Unpaid Interest Element Formed upon Tax Refund
Facts of the Case
Parties
and Period: The case involves the appellant, India Trade Promotion
Organisation (ITPO), and the respondent, Commissioner of Income Tax,
before the High Court of Delhi, relati...
Commissioner of Income Tax vs. Naresh Kumar (and M/s Talbros (P) Ltd.) | Retrospective Effect of Section 40(a)(ia) Amendment by Finance Act, 2010 on TDS Deposits
Facts of the Case
The
Revenue filed two appeals under Section 260A of the Income Tax Act against
the orders of the Income Tax Appellate Tribunal (ITAT) concerning the
Assessees, Naresh Kumar and M/s T...
Manoj Kumar Samdaria vs Commissioner of Income Tax-I – Delhi High Court | Whether Profit from Frequent Share Transactions is Taxable as Business Income or Short-Term Capital Gain under Section 111A of the Income Tax Act
Facts of the CaseThe assessee, Manoj Kumar Samdaria, was engaged in the
business of exporting jewellery and handicraft goods. During Assessment Year
2007–08, he disclosed an amount of ₹65,45,321 arising from the sa...
Commissioner of Income Tax, Delhi-XVI vs. S.S. Ahluwalia – Jurisdiction of Assessing Officer, Transfer of Case under Sections 124, 127, 139(9), 142(1) & 148 of the Income Tax Act | Delhi High Court
Facts of the CaseThe respondent assessee, an IAS Officer of the Nagaland cadre,
had originally filed income tax returns at Dimapur, Nagaland during his posting
there. During deputation to Delhi between 1978 and 1984, r...
Sh. Gulshan Malik vs Commissioner of Income Tax – Delhi High Court on Taxability of Booking Rights, Period of Holding and Short-Term vs Long-Term Capital Gains under Sections 2(14), 2(42A), 45 & 54 of the Income Tax Act, 1961
Facts of the CaseThe assessee and his wife applied for booking of an apartment
and paid a booking amount of ₹2,00,000 in July-August 2004. Subsequently, a
provisional allotment/confirmation letter was issued by the b...
Commissioner of Income Tax-XVI vs Shri Atul Kumar Swami – Delhi High Court on Reopening of Assessment under Sections 147/148 Without Fresh Tangible Material
Facts of the CaseThe assessee had disclosed details regarding amounts received
under a non-compete agreement within the return of income and accompanying
documents. Subsequently, the Revenue initiated reassessment proc...
Commissioner of Income Tax-XVI vs K. Ramakrishnan | Determination of Holding Period for Capital Asset – Date of Allotment vs Date of Conveyance Deed for Long-Term Capital Gain Benefit under Section 54EC of the Income Tax Act
Facts of the Case
The
assessee booked a HUDA plot and deposited earnest money on 18.06.1986.
The
plot was allotted to the assessee on 03.08.1999.
Following
allotment, the assessee deposite...
Director of Income Tax (Exemption) v. Charanjiv Charitable Trust | Charitable Trust Exemption under Section 11, Related Party Transactions and Section 68 Corpus Donation Issues
Facts of the Case
Charanjiv
Charitable Trust was registered under Section 12A of the Income Tax Act
and was engaged in charitable educational activities.
During
Assessment Years 2006–07 and 2007�...
DLF Ltd. & Another vs Additional Commissioner of Income Tax & Another | Delhi High Court on Validity of Special Audit under Section 142(2A) of Income Tax Act in POCM and SEZ Deduction Cases
Facts of the Case
The
petitioner company was engaged in real estate development and also earned
income from SEZ projects.
For
Assessment Year 2010–11, the petitioner filed its return declaring
...
Adobe Systems Software Ireland Ltd. v. Assistant Director of Income Tax, W.P.(C) Nos. 2326/2013, 2328/2013 & 2330/2013, Delhi High Court, decided on 28 March 2014
Facts of the Case
Adobe
Systems Software Ireland Ltd., a non-resident company incorporated in
Ireland, carried on business involving Adobe software products.
The
petitioner functioned in India thro...