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Commissioner of Income Tax vs New Delhi Hotels Ltd – Allowability of Bad Debt as Business Loss under Section 37 vs Capital Loss under Sections 36(1)(vii) & 36(2), Income Tax Act, 1961
Facts of the Case
The
respondent, New Delhi Hotels Ltd, is a construction and real estate
company.
For Assessment
Year 2004-05, it declared income of ₹2,62,34,270/- in its return filed
on 1...
Tax Deductibility and Business Setup Principles Under Section 28 and Section 32: Commissioner of Income Tax vs. Sauer Danfoss Pvt Ltd
Facts of the CaseThe case arises from an appeal filed by the Revenue
(Commissioner of Income Tax) under Section 260A of the Income Tax Act, 1961,
against the respondent-assessee, Sauer Danfoss Pvt Ltd, for the Assessme...
Characterization of Rental Income from Commercial Infrastructure: Business Profits under Section 28 vs. Income from House Property under Section 22 – Commissioner of Income Tax vs. Mayar India Ltd.
Facts of the Case
Assessee
Profile & Return: The respondent-assessee, a corporate
entity, filed its return of income for Assessment Year (AY) 2002-03 on
October 30, 2002, declaring a total income ...
Super Cassettes Industries Ltd. v. Chief Commissioner of Income Tax: Retrospective Application of CBDT Circulars and 40% Waiver of Interest Under Section 234C
Facts of the Case
The
Petitioner, Super Cassettes Industries Ltd., filed a writ petition seeking
to quash an order dated June 8, 2007, passed by the Chief Commissioner of
Income Tax (Central).
The
...
M/s. I.M. Constructions Pvt. Ltd. vs. Commissioner of Income Tax: Issue vs. Service of Notice under Section 148 of the Income Tax Act, 1961
Facts of the Case
The
petitioner company, M/s. I.M. Constructions Pvt. Ltd., filed its income
tax return manually for the Assessment Year (AY) 2004-05 on February 10,
2005, with the Income Tax Officer...
M/s Lachman Dass Bhatia Hingwala (P) Ltd. & Anr. v. Assistant Commissioner of Income Tax: Validity of Search Assessment Proceedings Under Section 153A
Facts of the CaseThe dispute involves a batch of six connected writ
petitions—specifically W.P.(C) Nos. 1765/2012, 1766/2012, 1767/2012, 1778/2012,
1784/2012, and 1785/2012—brought before the Division Bench of the ...
Commissioner of Income Tax vs. R.T.C.L. Ltd.: Limits on Rectification of Book Profit Computations Under Section 154 and Section 115JB of the Income Tax Act
Facts of the Case
Initial
Assessment: For the assessment year 2002-03, the
Assessing Officer (AO) completed the original assessment of the
respondent-assessee (R.T.C.L. Ltd.) under Section 143(3) of t...
Commissioner of Income Tax-IV vs. Deepak Knits and Texturise Pvt. Ltd.: Validity of Reassessment Under Section 147/148 Based on Accommodation Entries
Facts of the Case
The
respondent-assessee, a private limited company, filed its income tax
return for the Assessment Year (AY) 2001-02.
The
initial assessment was completed by the Assessing Officer...
Section 269UD Compulsory Acquisition and the Bar of Equity: Avenue Realities and Developers Pvt. Ltd. vs. Appropriate Authority of Income Tax Department
Facts of the Case
The
Agreement: On November 19, 1995, the Petitioner (Avenue
Realities and Developers Private Limited) entered into an agreement to
purchase an immovable leasehold property (No. S-380...
Pine Packaging Private Limited vs. Commissioner of Income Tax: Disallowance of Section 80-IC Deduction on Idle Capacity Standing Charges
Facts of the Case
Assessee
Background: The appellant, M/s Pine Packaging Private
Limited, filed its income tax return for the Assessment Year (AY) 2007-08
showing a total turnover of ₹9,81,75,513 an...