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Commissioner of Income Tax vs. Jaypee Hotels Ltd. – Section 80HHD(3) of the Income-Tax Act, 1961 | Meaning of “Total Receipts of the Business” for Computing Deduction under Section 80HHD | Foreign Exchange Receipts from Money-Changing Activity Excludable from Numerator and Denominator
Facts of the CaseThe Revenue filed appeals before the Delhi High
Court challenging a common order dated 27 January 2006 passed by the Income Tax
Appellate Tribunal (ITAT) in favour of Jaypee Hotels Ltd. The dispute con...
KLM Royal Dutch Airlines & Anr. vs. Deputy Director of Income Tax: Delhi High Court Rules That an Order Rejecting Stay of Tax Recovery Under Section 220(6) Must Be a Composite Order That Explicitly Considers and Records Findings on the Existence of a Prima Facie Case
Facts of the Case
The
Petitioner, KLM Royal Dutch Airlines, faced an order passed by the
Assessing Officer refusing the stay of tax recovery under Section 220(6)
of the Income Tax Act.
Prior
...
Commissioner of Income Tax-V v. Rishab Ispat Ltd. – Carry Forward and Set-Off of Unabsorbed Depreciation under Sections 32(2), 154 and 260A of the Income-tax Act, 1961
Facts of the
Case
The assessee, Rishab Ispat Ltd., was engaged in the business of
manufacturing steel ingots.
The assessee filed its return of income for Assessment Year 1998-99
declaring nil incom...
Commissioner of Income Tax, Delhi vs. Shri Ram Honda Power Equip & Connected Appeals – Section 80HHC of the Income-Tax Act, 1961 | Treatment of Interest Income, Export Profits, Netting of Interest and Deduction under Section 80HHC | Landmark Delhi High Court Judgment
Facts of the CaseA large batch of appeals involving various
assessees and the Revenue came before the Delhi High Court concerning the
interpretation of Section 80HHC of the Income-Tax Act, 1961. The principal
controve...
KLM Royal Dutch Airlines vs. Assistant Director of Income Tax – Sections 147, 148, 143(2), 143(3), 139 & 153 of the Income-Tax Act, 1961 | Reassessment Proceedings Cannot Be Initiated During Pendency of Original Assessment Proceedings | Delhi High Court
Facts of the CaseThe Petitioner, KLM Royal Dutch Airlines,
challenged the order rejecting its objections to the initiation of reassessment
proceedings under Sections 147 and 148 of the Income-Tax Act, 1961. The
Petiti...
Commissioner of Income Tax vs. Moonlight Builders & Developer: Consistency in Revenue’s Appeals Under Section 260A and the Precedential Binding of Unchallenged Orders
Facts of the CaseThe Revenue (the Income Tax Department) preferred three
interconnected appeals before the Delhi High Court under Section 260A of the
Income Tax Act, 1961. These appeals directly assailed a consolidated...
S.K. Industries (P) Ltd. vs. Director General of Income-Tax (Investigation) — Validity of Simultaneous Search and Seizure Actions Under Section 132 and Post-Search Assessment Notice Under Section 153A on Interlinked Group Entities Without Specifying Distinct Corporate Shareholding
Facts of the Case
The
Parties and Petitions: Writ Petition CWP No. 13236/2006 was
preferred by S.K. Industries (P) Ltd., and CWP No. 15824/2006 was filed by
its director, Shri S.K. Jain, in his indivi...
The Commissioner of Income Tax Vs. Sudhir Choudhry (ITA 1190/2005): Delhi High Court Enforces Principle of Consistency on Revenue Authorities Regarding Characterization of Income as Salary Income Vs. Business Income under the Income Tax Act
Facts of the Case
The
Revenue filed a batch of 17 appeals challenging the characterization of
the Assessee's (Mr. Sudhir Choudhry/Chodharie) income.
For
the Assessment Years (AY) 1979-80 to 1987-88...
Kanwaljit Kaur Purewal vs. Commissioner of Income Tax & Ors. — Writ Mandamus for Release of Seized Jewellery Under Section 132B of Income Tax Act, 1961 Following Search and Seizure Actions on Third Parties
Facts of the Case
An
Income Tax search and seizure operation under Section 132 was directed
against a third party.
During
this operation, certain jewellery belonging to the Petitioner, Kanwaljit
...
Commissioner of Income Tax vs. Moonlight Builders & Developer (Delhi High Court) – Section 260A Income Tax Act, 1961 | Consistency in Revenue Appeals | Acceptance of Earlier Tribunal Decisions and Dismissal of Subsequent Appeals
Facts of the CaseThe Revenue
filed appeals before the Delhi High Court under Section 260A of the Income Tax
Act, 1961 challenging the order dated 23 September 2005 passed by the Income
Tax Appellate Tribunal (ITAT), D...