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Income Tax Department Cannot Appropriate Seized Funds Pending PMLA Trial; Proceeds of Crime Take Precedence Over Tax Recovery – ACIT vs. State & Ors. (Delhi HC)
Facts of the CaseA search and seizure operation under Section 132
of the Income-tax Act, 1961 was conducted on 18.01.2011 at the premises of
Respondent Nos. 3 to 6 and their firm M/s Stockguru India, during which cash
...
Tax Demand for Years Where TDS Deducted but Not Deposited by Employer Quashed; Portal Demand Directed to Be Removed – Ashish Chopra vs. ACIT (Delhi HC)
Facts of the CaseThe petitioner, Ashish Chopra, filed a writ
petition challenging a notice dated 31.01.2020 issued under Section 221(1) of
the Income-tax Act, 1961, tax demands raised for Assessment Years 2009–10,
2...
Reassessment Order Set Aside for Non-Consideration of Reply Filed on Same Day; Matter Remanded for Fresh Speaking Order – Anmol Tradex Pvt. Ltd. vs. ACIT (Delhi HC)
Facts of the CaseThe petitioner, Anmol Tradex Private Limited,
filed a writ petition challenging two show-cause notices dated 31.03.2025 and
25.06.2025 issued under Section 148A(1) of the Income-tax Act, 1961, the
con...
Jurisdictional Assessing Officer Competent to Initiate Reassessment Despite Faceless Regime; Challenge Rejected Following TKS Builders – All India Kataria Education Society vs. ACIT (Delhi HC)
Facts of the CaseThe petitioner, All India Kataria Education
Society, filed a writ petition challenging the notice dated 16.07.2025 issued
under Section 148 of the Income-tax Act, 1961 and the reassessment proceedings
...
Benefit of Section 115BAA Denied Where Option Not Exercised in Return; CBDT Circular on Form 10-IC Does Not Cure Substantive Lapse: Sarla Holdings Pvt. Ltd. vs. PCIT (Delhi HC)
Facts of the CaseThe petitioner, Sarla Holdings Private Limited,
filed its return of income for Assessment Year 2020-21 on 13.02.2021 within the
extended due date under Section 139(1), declaring total income of ₹60,9...
Section 148 Notices Issued After Expiry of Original Limitation Cannot Be Revived by 2012 Amendment to Section 149: U.K. Paints (Overseas) Ltd. vs. ACIT (Delhi HC)
Facts of the CaseThe petitioners, including U.K. Paints (Overseas)
Limited, K.S. Dhingra and BJN Holdings (I) Ltd., challenged multiple notices
issued under Section 148 of the Income-tax Act seeking to reopen concluded...
Reassessment Quashed as Time-Barred; Amendment Extending Limitation to 16 Years Held Prospective Pending Larger Bench Decision: PCIT (Central)-1 vs. Late Ladli Pershad Jaiswal (Delhi HC)
Facts of the CaseThe assessee, Late Shri Ladli Pershad Jaiswal,
filed his return of income for Assessment Year 2002-03 declaring income of
₹4,55,580. Subsequently, the Assessing Officer received information from the
...
Cloud Computing Receipts Not Taxable as Royalty or FTS in Absence of PE; ITAT Order Upheld: CIT (International Taxation)-1 vs. Amazon Web Services, Inc. (Delhi HC)
Facts of the CaseThe respondent, Amazon Web Services, Inc. (AWS),
is a company incorporated in the United States of America and a tax resident of
the USA. AWS provides standardised and automated cloud computing service...
Section 148 Notice Quashed as Time-Barred Where AY Fell Outside Ten-Year Block Computed under Section 153C Principles: Sunil Kumar Dhaiya vs. ACIT, Central Circle-29 (Delhi HC)
Facts of the CaseThe petitioner, Sunil Kumar Dhaiya, challenged a
notice dated 31.08.2024 issued under Section 148 of the Income-tax Act seeking
to reopen the assessment for Assessment Year 2014-15. The notice was issu...
Unsecured Loan from Director Explained; Section 68 Addition Unsustainable as “Source of Source” Requirement Not Applicable Prior to Finance Act 2022: Sheela Overseas Pvt. Ltd. vs. PCIT (Delhi HC)
Facts of the CaseThe assessee, Sheela Overseas Private Limited, is
engaged in the business of readymade garments and leather goods. For Assessment
Year 2015-16, it filed its return of income on 29.09.2015 declaring a t...