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Commissioner of Income Tax, Delhi v. M/s Coolage Beverages Ltd. – Delhi High Court Deletion of Penalty under Section 271(1)(c) Upheld Where There Was No Concealment or Manipulation of Primary Facts
Facts of the CaseThe Revenue preferred an appeal before the Delhi High Court
challenging the order of the Income Tax Appellate Tribunal (ITAT), which had
upheld the decision of the Commissioner of Income Tax (Appeals) ...
Director of Income Tax (International Taxation) v. M/s HNS India VSAT Inc. – Delhi High Court Deletion of Penalty under Section 271(1)(c) Upheld Where Assessee’s Explanation Was Bona Fide and Not Found False
Facts of the CaseThe appeal was filed by the Revenue against the order of the
Income Tax Appellate Tribunal (ITAT) deleting penalty imposed upon M/s HNS
India VSAT Inc. under Section 271(1)(c) of the Income-tax Act.The...
Revenue vs. Equipment Lessor: A Comprehensive Analysis of the 'Put to Use' Criteria under Section 32 of the Income Tax Act in Light of the Delhi High Court Ruling
Facts
of the Case·
For the Assessment Year 1996-97, the
Assessee, who was engaged in the business of leasing equipment, claimed a
depreciation allowance on a Cyclonic ...
Commissioner of Income Tax v. Cellular Mobile Service Operator (ITA No. 182/2006) – Delhi High Court Interest – on Margin Money Deposits Kept for Bank Guarantees Held as Business Income and Not Income from Other Sources
Facts of the CaseThe respondent-assessee was engaged in the business of
operating cellular mobile telephone services. Under the terms of the licence
granted for operating services in the States of Uttar Pradesh, Bihar,...
Commissioner of Income Tax, Delhi vs. M/S Focus Estates P. Ltd. — Scope of Rule 25 of Appellate Tribunal Rules, 1963 and Validity of Recalling Ex-Parte Orders due to Non-Service of Notice under Section 260A of the Income Tax Act, 1961
Facts of the Case
The
Revenue (Income Tax Department) filed an appeal before the Income Tax
Appellate Tribunal (ITAT) against the respondent-assessee, M/S Focus
Estates P. Ltd.
The
ITAT heard...
M/s United Airlines v. Commissioner of Income Tax & Others – Delhi High Court – Whether Landing and Parking Charges Paid to Airport Authority Constitute ‘Rent’ Liable for TDS under Section 194-I of the Income-tax Act
Facts of the CaseThe petitioner, M/s United Airlines, an airline
incorporated in the United States of America, operated flights landing at
Indira Gandhi International Airport, New Delhi.The dispute arose from an order ...
Commissioner of Income Tax vs. M/s Focus Estates P. Ltd.: Scope of Rule 25 of Income Tax Appellate Tribunal Rules, 1963 — Power of ITAT to Recall Ex-Parte Orders and Restore Appeals Upon Sufficiency of Cause for Non-Appearance Under Section 260A of the Income Tax Act, 1961
Facts of the Case
The
Income Tax Appellate Tribunal (ITAT) heard and disposed of an appeal filed
by the Revenue ex-parte on July 15, 2003, acting under the
assumption that the notice issued to the res...
M/s United Airlines v. Commissioner of Income Tax & Others – Delhi High Court Liability for Interest under Section 201(1A) of the Income-tax Act, 1961 Where Taxes Have Already Been Paid by the Payee
Facts of the CaseThe petitioner, M/s United Airlines, filed a writ
petition challenging an order dated 24 March 2000 passed by the Commissioner of
Income Tax under Section 264 of the Income-tax Act.The Commissioner, wh...
Commissioner of Income Tax vs. M/s. Khosla Indair Limited: Classification of Business Income vs. Income from Other Sources
Facts
of the CaseThe assessee, M/s. Khosla Indair
Limited, filed a return declaring a net loss, while also claiming unabsorbed
brought forward losses, depreciation, and investment allowance. The Assessing
Officer (AO...
Commissioner of Income Tax vs. M/s. Thirani Chemicals Ltd.: Deductibility of Debenture Issue Expenses as Revenue Expenditure vs. Amortization Under Section 35D of the Income Tax Act – Binding Nature of CBDT Circular No. 56 Post India Cements Judgement
Facts of the Case
The
assessee-company (M/s. Thirani Chemicals Ltd.), with an objective
to modernize, expand, and augment its long-term capital requirements,
raised funds amounting to ₹406.65 lacs b...