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Section 153C Proceedings Invalid in Absence of Incriminating Material Pertaining to Relevant AYs; Provisional Balance Sheet of Later Period Insufficient – PCIT (Central)-3 vs. Ridgeview Construction Pvt. Ltd. (Delhi HC)
Facts of the
CaseThe Revenue filed appeals under Section 260A of the
Income-tax Act, 1961 challenging the common order dated 31.10.2018 passed by
the Income Tax Appellate Tribunal, whereby proceedings initiated under ...
Fifth Proviso to Section 32 Applies Only to Year of Demerger; Depreciation on Goodwill in Subsequent Years Cannot Be Restricted – PMV Maltings Pvt. Ltd. vs. DCIT (Delhi HC)
Facts of the
CaseThe appellant, PMV Maltings Pvt. Ltd., filed
appeals under Section 260A of the Income-tax Act, 1961 challenging the order
dated 03.02.2023 passed by the Income Tax Appellate Tribunal for Assessment
Y...
Reassessment Based on Section 135A Information Valid, but Order Rejecting Objections Set Aside for Non-Application of Mind; Wrong Annexure Curable Under Section 292B – Monish Gajapati Raju Pusapati vs. Assessment Unit (Delhi HC)
Facts of the
CaseThe petitioner, Monish Gajapati Raju Pusapati,
filed a writ petition challenging the notice dated 23.03.2024 issued under
Section 148 of the Income-tax Act, 1961 for Assessment Year 2020–21 and the
...
Reassessment Notice Issued After Limitation and Based on Change of Opinion Quashed; Mere Generation of Notice Not “Issuance” Under Section 149 – Maruti Suzuki India Ltd. vs. DCIT (Delhi HC)
Facts of the
CaseThe petitioner, Maruti Suzuki India Ltd., filed its
return of income for Assessment Year 2009-10, which was scrutinised and
assessed under Section 143(3) read with Section 144C of the Income-tax Act,
...
Deduction under Section 80-IC Cannot Be Denied for Absence of Government Approval Not Mandated by Statute; ITAT Erred in Importing Section 80-IA Conditions – Legacy Foods Pvt. Ltd. vs. DCIT (Delhi HC)
Facts of the
CaseThe appellant, Legacy Foods Pvt. Ltd., filed
appeals under Section 260A of the Income-tax Act, 1961 challenging the order
dated 28.02.2020 passed by the Income Tax Appellate Tribunal for Assessment
Y...
Reassessment Based Solely on Subsequent Survey Unsustainable; PE Existence Must Be Examined Year-wise – GE Grid (Switzerland) GmbH vs. ACIT (Delhi HC)
Facts of the
CaseThe petitioner, GE Grid (Switzerland) GmbH, a
company incorporated in Switzerland, filed a batch of writ petitions
challenging reassessment proceedings initiated under Section 148 of the
Income-tax A...
Freight Logistic Support Services Do Not Constitute FTS/FIS Absent “Make Available”; DTAA Protection Affirmed – CIT (International Tax-1) vs. Expeditors International of Washington Inc. (Delhi HC)
Facts of the
CaseThe Revenue filed a batch of appeals under Section
260A of the Income-tax Act, 1961 for multiple assessment years against common
orders of the Income Tax Appellate Tribunal in favour of Expeditors
In...
MAP Framework Cannot Be Applied to Non-Covered Transactions; ALP Must Be Determined Under Section 92C – AON Consulting Pvt. Ltd. vs. PCIT-1 (Delhi HC)
Facts of the
CaseThe appellant, AON Consulting Pvt. Ltd. (successor
entity of Hewitt Associates (India) Pvt. Ltd.), filed an appeal under Section
260A of the Income-tax Act, 1961 challenging the order dated 20.12.2023...
Reassessment Proceedings Set Aside for Granting Less Than Statutory Time under Section 148A(b); Mandatory Opportunity of Hearing Reaffirmed – Anuj Ghuliani vs. ITO (Delhi HC)
Facts of the
CaseThe petitioner, Anuj Ghuliani, filed a writ
petition under Articles 226 and 227 of the Constitution of India seeking
quashing of the notice dated 21.08.2024 issued under Section 148A(b) of the
Income...
Reassessment under Section 148A Cannot Proceed on Unverified Shipping Bill Data and PAN Confusion; Matter Remanded for Fresh Consideration: Umesh Chandra Sharma vs. ITO (Delhi HC)
Facts of the
CaseThe petitioner, Umesh Chandra Sharma, an individual
assessee, filed a writ petition challenging a notice dated 06.03.2023 issued
under Section 148A(b), an order dated 21.03.2023 passed under Section 1...