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Reopening under Sections 147/148 Invalid for Borrowed Satisfaction; Assessing Officer Must Independently Apply Mind and Establish Live Link with Tangible Material: Well Trans Logistics India Pvt. Ltd. vs. ACIT (Delhi HC)
Facts of the
CaseThe petitioner, Well Trans Logistics India Pvt.
Ltd., is engaged in the business of freight forwarding. It filed its return of
income for Assessment Year 2011-12 on 30.09.2011. The assessment was soug...
Final Assessment Order Time-Barred under Section 144C(4) Even Where DRP Objections Filed Belatedly; Limitation Is Mandatory and Absolute: CIT (International Taxation)-2 vs. Mavenir UK Holdings (Delhi HC)
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act, 1961 challenging the order dated 05.01.2024 passed by the
Income Tax Appellate Tribunal for Assessment Year 2013-14. The ITAT had ...
Reopening Valid Where Original Return Was Processed Under Section 143(1) and Tangible Material Exists – Delhi High Court in R P Foam Home (P) Ltd. v. ACIT
Facts of the
CaseThe petitioner challenged a notice dated 27 March
2018 issued under Section 148 of the Income-tax Act, 1961 seeking to reopen the
assessment for Assessment Year 2011-12.The petitioner contended that t...
Assessment and Reassessment in Name of Amalgamating Entity is Void Ab Initio – Delhi High Court in Qualcomm India Pvt. Ltd. v. ACIT
Facts of the
CaseThis writ petition formed part of a large batch of
matters challenging assessment and reassessment proceedings initiated by the
Income Tax Department in the name of entities that had ceased to exist p...
Reassessment Notice Invalid for Want of Sanction by Competent Authority under Section 151 – Delhi High Court in Prashant Softwares Pvt. Ltd. v. ACIT & Ors.
Facts of the
CaseThis batch of writ petitions, including Prashant
Softwares Pvt. Ltd., challenged reassessment proceedings initiated under
Section 148 of the Income-tax Act, 1961 for Assessment Year 2015-16. The
reas...
TPO Cannot Determine ALP of Royalty at NIL by Questioning Commercial Expediency – Delhi High Court in PCIT-7, Delhi v. Sony India Pvt. Ltd.
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act, 1961 challenging the order dated 17 October 2022 passed by
the Income Tax Appellate Tribunal (ITAT) in the case of Sony India Pvt....
Mandatory Issuance of Draft Assessment Order under Section 144C Even in Section 153C Proceedings – Delhi High Court in PCIT-7 v. Wickwood Development Ltd.
Facts of the
CaseThe assessee, Wickwood Development Ltd., is a
company incorporated in the British Virgin Islands. A search and seizure
operation under Section 132 of the Income-tax Act, 1961 was conducted on 22
Marc...
Failure to Issue Draft Assessment Order under Section 144C in Remand Proceedings Renders Final Assessment Void – Delhi High Court in PCIT-7 v. Sumitomo Corporation India (P) Ltd.
Facts of the
CasThe Revenue filed an appeal challenging the order
of the Income Tax Appellate Tribunal (ITAT) dated 28 September 2021, whereby
the ITAT upheld the order of the Commissioner of Income Tax (Appeals) sett...
Assessment and Reassessment Proceedings Against an Amalgamating (Non-Existent) Company Are Void Ab Initio: Delhi High Court Applies Maruti Suzuki Doctrine in Paytm Mobile Solutions Case
Facts
of the CasePaytm
Mobile Solutions Private Limited, which had merged into One 97 Communications
Limited pursuant to a sanctioned scheme of amalgamation, was one of the
petitioners in a large batch of writ petiti...
Reassessment Notices Issued After Limitation by Relying on Abhisar Buildwell Are Invalid: Delhi High Court Quashes Time-Barred Section 148 Proceedings in Param Dairy Ltd Case
Facts
of the CaseParam
Dairy Ltd. was one of the petitioners in a batch of writ petitions challenging
reassessment proceedings initiated under Section 148 of the Income Tax Act,
1961, for Assessment Year 2012–13.Th...