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Commissioner of Income Tax v. M/s Hind Pocket Books (ITA No. 842/2005) – Delhi High Court – Deductibility of Foreign Education Expenses of Managing Director’s Daughter as Business Expenditure under Section 37(1) of the Income Tax Act, 1961 – Remand by ITAT Held Improper
Issues Involved
Whether
expenditure incurred on the foreign education of the Managing Director’s
daughter was allowable as business expenditure under Section 37(1) of the
Income-tax Act, 1961.
Whe...
Commissioner of Income Tax v. M/s India Lease Development Ltd. (ITA No. 512/2003) | Deletion of Penalty Under Section 271(1)(c) and the Overriding Impact of Immunity Granted Under Section 90(2) of the Kar Vivad Samadhan Scheme, 1998
Facts of the Case
The
Income-tax Appellate Tribunal (ITAT), Delhi Bench, deleted a penalty
levied upon the respondent-assessee (M/s India Lease Development Ltd.)
under Section 271(1)(c) of the Income-...
Commissioner of Income Tax vs. M/s. Matsushita Electric Industrial Co. Ltd. (2005): Analysis of TDS Penalty under Section 271C
Facts
of the CaseThe Respondent, a non-resident company
incorporated in Japan with a liaison office in India, utilized the services of
expatriate employees who rendered services in India. These employees were paid
th...
The Commissioner of Income Tax vs. M/s Durant Refrigeration (Pvt.) Ltd.: Adjudicating the Genuineness of Business Transactions
Facts
of the CaseThe Respondent, M/s Durant
Refrigeration (Pvt.) Ltd., claimed a 100% depreciation on the purchase of 505
oxygen gas cylinders, which were subsequently leased to a sister concern. The
Assessing Office...
Commissioner of Income Tax, Delhi vs. M/S Chaska Food Pvt. Ltd. | Imposition of Penalty Under Section 271(1)(c) on Assessed Losses and Applicability of Explanation 4 Post-1976 Amendment
Facts of the Case
Background
of the Appeal: The Revenue department, represented by the
Commissioner of Income Tax, Delhi, filed an appeal (designated as ITA
1074/2005) before the High Court of Delhi. ...
Sony India Pvt. Ltd. vs Commissioner of Income Tax, Delhi – Stay of Outstanding Tax Demand During Pendency of Appeal before CIT(A) under Section 220(6) of the Income Tax Act, 1961 | Delhi High Court
Facts of the CaseSony India Pvt. Ltd. filed a writ petition before the Delhi
High Court seeking protection against recovery of outstanding tax demand during
the pendency of its appeal before the Commissioner of Income ...
Commissioner of Income Tax, Delhi vs. M/s Chemical De Universe Ltd.: Deletion of Penalty u/s 271(1)(c) on Loss/Minus Figure Income and the Applicability of Explanation 4 Post-1976 Amendment
Facts of the CaseThe case originated from an appeal filed by the Revenue
(Commissioner of Income Tax, Delhi) challenging an order passed by the Income
Tax Appellate Tribunal (ITAT). The ITAT had deleted the penalty lev...
Glaxo Smith Kline Asia Pvt. Ltd. vs Commissioner of Income Tax & Others (Delhi High Court) – Section 245 & Section 244A of the Income Tax Act, 1961 | Refund Adjustment Against Outstanding Tax Demand
Facts of the CaseGlaxo Smith Kline Asia Pvt. Ltd. was engaged in the
manufacture and sale of fast-moving consumer products. The company did not
maintain its own administrative workforce except for a Company Secre...
Commissioner of Income Tax v. M/s Claridges Hotel P. Ltd.: Supreme Judicial Determination on the Leviability of Concealment Penalty u/s 271(1)(c) in Net Assessed Loss Scenarios and the Overriding Impact of Explanation 4 (Post-1976)
Facts of the CaseThe litigation originated from an appellate challenge
initiated by the Revenue (Commissioner of Income Tax) directed against an
unfavorable order passed by the Income Tax Appellate Tribunal (ITAT). The...
Commissioner of Income Tax vs. M/s TEJ Quebecor Printing Ltd. – TDS on Salary under Section 192 Not Applicable Where Salary Was Not Actually Paid | Sections 192, 201(1) & 201(1A) of the Income-tax Act, 1961
Facts
of the CaseThe respondent-company, M/s TEJ
Quebecor Printing Ltd., employed Mr. Lester Garnett, a Canadian national, on a
fixed remuneration package along with perquisites including rent-free
accommodation, car...