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Moser Baer India Ltd. & Ors. v. Additional Commissioner of Income Tax & Anr. — Mandate of Oral Hearing and Natural Justice in Transfer Pricing Assessments under Section 92CA(3) of the Income Tax Act, 1961
Facts of the CaseThe case comprises a cluster of six writ petitions filed under
Article 226 of the Constitution of India. The petitioners—comprising Moser
Baer India Ltd., HCL Technologies BPO Services Ltd., HCL Tech...
Commissioner of Income Tax, Delhi vs. R.K. Dhawan: Dismissal of Revenue’s Appeal Under Section 260A Where the Base Order of the ITAT for a Preceding Assessment Year Has Already Been Dismissed by the High Court
Facts of the CaseThe Revenue (Income Tax Department) filed an appeal under
Section 260A of the Income Tax Act, 1961 against the judgment dated April 29,
2003, passed by the Income Tax Appellate Tribunal (ITAT) in ITA N...
Commissioner of Income Tax vs. M/S Praveen Electronics Ltd: Genuine Share Trading Loss vs. Speculation Loss—Delhi High Court Rules on Colourable Devices and Finding of Facts Under Section 260A of the Income Tax Act
Facts of the Case
The
Assessee filed its income tax return for Assessment Year 1996-97,
declaring interest income of ₹38,02,385/-, against which it claimed
administrative and interest expenses, alon...
Commissioner of Income Tax, Delhi-IV, New Delhi vs Indian Railway Construction Company Ltd. | Delhi High Court | Sections 80HH, 80-I & 263 of the Income-tax Act, 1961
Facts of the
CaseIndian Railway Construction Company Ltd. (IRCON)
was engaged in manufacturing a large number of railway track components,
including ballast, concrete sleepers, track laying equipment, relay racks,
si...
Dr. Rakesh Gupta & Ors. v. Commissioner of Income Tax / Revenue Authorities – Setting Aside of Arbitrary Case Transfer Order Under Section 127 of the Income Tax Act, 1961, from Delhi to Meerut Due to Non-Compliance with Legal Due Process
Facts of the Case
The
petitioner approached the Hon’ble Delhi High Court by filing a writ
petition [WP(C) 9073/2008 & CM 17407/2008] challenging an
administrative order dated 26.08.2008.
The
...
Commissioner of Income Tax vs. Assessee — Scope of Section 263 Income Tax Act: Withdrawal of Challenge to Revisionary Jurisdiction While Reserving Rights to Argue Merits Before the ITAT
Facts of the Case
The
Commissioner of Income Tax (CIT) exercised revisionary powers under Section
263 of the Income Tax Act, 1961, for the Assessment Year (AY)
2001-2002 via an order dated March 17, 2...
Commissioner of Income Tax, Delhi-IV, New Delhi vs. Indian Railway Construction Co. Ltd. – Deduction under Sections 80HH & 80-I of the Income Tax Act for Manufacturing Activity in Railway Track Projects | Delhi High Court
Facts of the Case
Indian Railway Construction Company Ltd. (IRCON) is a public sector
undertaking under the administrative control of the Ministry of Railways.
The company was engaged in manufacturing various r...
Commissioner of Income Tax, Delhi-VI vs. United Hotels Ltd: Whether Non-Utilization of Fixed Aircraft Charter Hire Charges Disallows Business Deduction Under Section 37(1) and Section 40A(2) of the Income Tax Act, 1961 – Delhi High Court Case Law Analysis
Facts of the Case
The
assessee, M/s United Hotels Ltd, runs a 5-star hotel business.
The
assessee entered into an agreement dated 29.12.1999 with Megapode Airlines
Limited (MAL) to secure fixed fly...
Commissioner of Income Tax vs. Vijay Kumar Jain | Delhi High Court Dismisses Revenue Appeal as Issue Already Covered by Earlier Judgments | ITA Nos. 349/2008 & 474/2008
Facts of the
CaseThe Revenue preferred appeals before the Delhi High
Court challenging the order passed in favour of the assessee. During the
hearing, it was brought to the notice of the Court that the questions raise...
Moser Baer India Ltd., HCL Technologies Ltd., Haier Appliances (I) Pvt. Ltd. & Others v. The Additional Commissioner of Income Tax & Another: High Court Mandates Absolute Requirement of Oral Hearing and Material Disclosure Under Section 92CA(3) to Avoid Violations of Natural Justice in Transfer Pricing Assessments
Facts of the CaseThe case encompasses a batch of six connected writ petitions
filed by prominent corporate assessees—Moser Baer India Ltd., HCL Technologies
BPO Services Ltd., HCL Technologies Ltd., Haier Appliances ...