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Commissioner of Income Tax vs. M/s Paul Leighton (ITA No. 205/2006, Delhi High Court) – Eligibility of Expatriate Employee as ‘Technician’ for Exemption under Section 10(5B) of the Income-tax Act, 1961
Facts of the CaseThe respondent-assessee, Mr. Paul Leighton, was an
employee of Motorola Ltd., U.K., who was deputed to India in 1995 to work for
Motorola India Ltd. Under the terms of his employment, the income-tax pa...
Commissioner of Income Tax v. Aditya Chemicals Ltd. & Others (ITA No. 205/2001Delhi High Court) – Penalty under Section 271(1)(c) on Assessed Loss Cases after Explanation 4 Amendment
Facts of the CaseThe Revenue challenged the order of the Income Tax
Appellate Tribunal (ITAT) whereby the Tribunal had deleted the penalty imposed
under Section 271(1)(c) of the Income-tax Act, 1961. The Tribunal had h...
Commissioner of Income Tax v. Assessee (ITA No. 78/2006) – Penalty under Section 271(1)(c) on Assessed Loss Cases after Explanation 4 | Delhi High Court
Facts of the
CaseThe Revenue challenged the order of the Income Tax
Appellate Tribunal (ITAT), which had deleted the penalty imposed under Section
271(1)(c) of the Income Tax Act, 1961. The Tribunal held that since th...
M.B. Lal vs Commissioner of Income Tax, Delhi – Validity of Search Proceedings under Sections 132 & 158BC and Limitation for Block Assessment under Section 158BE | Delhi High Court
Facts of the CaseThe Income Tax Department conducted a survey at the
business premises of the assessee, M.B. Lal, in Delhi on 1 February
2000. The survey continued until 2 February 2000 and was subsequently converted
...
Commissioner of Income Tax v. International Airport Authority of India Ltd. – Requirement of Committee on Disputes (COD) Clearance Before Filing Appeals | Delhi High Court | ITA No. 464/2005
Facts of the CaseThe Revenue filed several appeals before the Delhi
High Court against Public Sector Undertakings (PSUs), including International
Airport Authority of India Ltd., without producing the mandatory clearan...
Commissioner of Income Tax v. M/s Digvijay Chemicals Ltd. (ITA No. 452/2006) – Jurisdiction of High Court for Appeal under Section 260A Determined by Situs of Assessing Officer and Assessment Proceedings
Facts of the CaseThe Revenue
filed an appeal before the Delhi High Court under Section 260A of the
Income-tax Act against an order passed by the Income Tax Appellate Tribunal
(ITAT), Delhi. The respondent-assessee, M/...
Commissioner of Income Tax, Delhi vs M/s Aero Club (ITA No. 508/2005) – Delhi High Court | ITAT’s Power to Recall Order under Section 254(2) and Rectification of Mistake under Section 43B
Facts of the
CaseThe respondent-assessee's appeal before the Income
Tax Appellate Tribunal (ITAT), Delhi Bench, was disposed of by order dated 4
October 2004. The Tribunal held that payments towards ESI, Provident Fun...
Commissioner of Income Tax v. Milk Food Ltd. (ITA No. 153 of 2005) – Taxability of Non-Compete Fee and Trademark Transfer Receipts as Capital Gains under Sections 55 & 119 of the Income-tax Act, 1961
Facts of the CaseMilk Food Ltd., engaged in the business of
manufacturing and marketing milk products, entered into agreements with Brooke
Bond Lipton India Ltd. effective from 1 April 1995.Under these agreements:
Th...
COMMISSIONER OF INCOME TAX DELHI Vs. THE INCOME TAX APPELLATE TRIBUNAL & ORS. — Scope of Rectification Under Section 254(2) of the Income Tax Act, 1961: Delhi High Court Holds That ITAT Cannot Recall Its Order In Toto For Fresh De Novo Rehearing on Debatable Grounds
Facts of the Case·
Assessee Profile: Shri Ratti Ram Gotewala along with his family was
a partner in M/s. Rati Ram Ram Vinod and M/s. Rati Ram Ram Vinod and Company, a
D...
M/s Sony India Pvt. Ltd. vs. The Commissioner of Income-Tax: Disallowance of Contributions to Unapproved Gratuity and Superannuation Funds under Section 36(1)(iv) and Section 36(1)(v) and Inapplicability of Residuary Deductions under Section 37 of the Income Tax Act, 1961
Facts of the Case·
For the Assessment Year 1998-99, the
appellant, M/s Sony India Pvt. Ltd., filed a revised return declaring an income
of ₹1,15,76,566. · ...