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Commissioner of Income Tax vs. Shri Anant Jain – Taxability of Retirement Benefits Received Outside India by a “Not Ordinarily Resident” Assessee under Sections 5(1)(c), 6 & 9(1)(ii) of the Income Tax Act, 1961
Facts of the
CaseThe assessee, Shri Anant Jain, had worked with
Enron Corporation, USA from 1991 till November 1999 and during that period he
was a non-resident Indian. Upon termination of his employment, he received
...
A.G. Holdings Pvt. Ltd. vs Income Tax Officer – Reopening of Assessment under Sections 147 & 148 on Alleged Accommodation Entries | Delhi High Court
Facts of the
CaseThe petitioner company filed its return of income
for Assessment Year 2004-05 declaring a loss. The return was processed under
Section 143(1) of the Income Tax Act.Subsequently, the Assessing Officer ...
Commissioner of Income Tax vs. Sahara India Housing Corporation Ltd. | Treatment of Income from Sale & Purchase of Securities – Capital Gains vs Business Income under Sections 14A & 45 of the Income Tax Act
Facts of the CaseThe assessee, Sahara India Housing Corporation
Ltd., had shown gains and losses arising from sale and purchase of securities
under the head “Capital Gains” in its income tax returns for the relevan...
Commissioner of Income Tax vs Promain Ltd. – Validity of Search Warrant under Section 132 and Scope of Block Assessment under Sections 158BC & 158BD of the Income Tax Act, 1961 | Delhi High Court
Facts of the
CaseA search and seizure operation under Section 132 of
the Income Tax Act, 1961 was conducted on 21.11.1996 in relation to the
Hindustan Development Corporation (HDC) Group. Pursuant to the said search, ...
Aditya Khanna vs Assistant Commissioner of Income Tax | Reassessment under Sections 147 & 148 of Income Tax Act in Oil-for-Food Programme Matter – Delhi High Court
Facts of the CaseThe petitioner, Aditya Khanna, was a non-resident
individual who had filed his income tax return for Assessment Year 2002-03
declaring only property income and interest income. The return was processed...
Director of Income Tax (Exemption) vs National Association of Software and Services Companies (NASSCOM) – Delhi High Court | Section 11(1)(a), Section 28(iii), Section 12A & Section 260A of Income Tax Act | Application of Income Outside India, VDIS Tax Payment & Taxability of Membership Subscription
Facts of the CaseThe respondent-assessee, National Association of
Software and Services Companies (NASSCOM), was a trust registered under Section
12A of the Income Tax Act. The Revenue filed multiple appeals before the...
Container Corporation of India Ltd. vs Assistant Commissioner of Income Tax & CIT | Delhi High Court | Section 80-IA Deduction on Inland Container Depots (ICDs) as Inland Ports
Facts of the CaseContainer Corporation of India Ltd. (CONCOR), a
public sector undertaking functioning under the Ministry of Railways, was
engaged in handling and transportation of containerized cargo through Inland
C...
Munjal Showa Ltd. vs Deputy Commissioner of Income Tax | Reopening of Assessment Beyond Four Years Invalid Due to Change of Opinion | Sections 147 & 148 Income Tax Act
Facts of the CaseThe petitioner, Munjal Showa Ltd., filed its return
of income for Assessment Year 2005-06 declaring income of ₹10,83,61,920/-. The
assessment was completed under Section 143(3) of the Income Tax Act ...
M/s Modipon Ltd. vs Assistant Commissioner of Income Tax & Ors. | Delhi High Court | Reassessment Proceedings under Sections 147 & 148 of Income Tax Act Quashed on Amalgamation Issue
Facts of the
CaseM/s Modipon Ltd. filed writ petitions challenging
reassessment notices issued for Assessment Years 1984-85, 1985-86, and 1986-87.
The reassessment proceedings were initiated on the allegation that the...
Acorus Unitech Wireless Pvt. Ltd. & Anr. vs Deputy Commissioner of Income Tax, Circle-1(1), Delhi | Validity of Reassessment Notice under Sections 147/148 During Availability of Scrutiny Proceedings under Section 143(2) | Delhi High Court
Facts of the Case
The
petitioner filed its return of income for Assessment Year 2009-10 under
Section 139(4) on 6 October 2010.
The
Assessing Officer issued a notice under Section 148 on 5 July 201...