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Commissioner of Income-Tax vs. M/s Shri Shyam Sales: Whether Higher Rate of Depreciation @ 40% is Legally Allowable under Section 32 on Leased-Out Commercial Vehicles When the Lessor/Assessee is Not Personally Engaged in the Operational Business of Running Such Vehicles on Hire

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My Tax Expert
19/06/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 68
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Facts of the CaseThe matter came before the High Court of Delhi through two interconnected tax proceedings, namely ITR No. 25/99 and ITA No. 83/99. These proceedings were clubbed and disposed of together via a common ...

Shri Shyam Sales v. Income-Tax Settlement Commission & Ors. | Scope and Limits of Tribunal Jurisdiction: Whether the Settlement Commission Possesses Inherent Power to Rectify or Review a Final Assessment Order Passed Under Section 245D(4) of the Income Tax Act, 1961 in Light of Capital Cables (India) Pvt. Ltd. Precedent

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My Tax Expert
19/06/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 54
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Facts of the CaseThe petitioner, Shri Shyam Sales, originally approached the Income-Tax Settlement Commission seeking an amicable and final resolution to its outstanding direct tax vulnerabilities. Following standard s...

Shri S.P. Bhatia v. Income Tax Settlement Commission and Others: Delhi High Court Bars Income Tax Settlement Commission from Rectifying or Modifying Final Orders Under Section 245D(4) of the Income Tax Act, 1961

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My Tax Expert
19/06/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 48
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Facts of the Case The Income Tax Settlement Commission had initially passed an order settling a case under Section 245D(4) of the Income Tax Act, 1961, on May 21, 1998. Subsequently, on March...

In the High Court of Delhi: Commissioner of Income Tax vs. M/s. Fuji Bank Ltd. — A Comprehensive Judgment on the Legality of Deleting Penalties Imposed Under Section 271G of the Income Tax Act, 1961, and the Judicial Binding Nature of Precedents in Transfer Pricing and International Banking Documentation Disputes

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My Tax Expert
19/06/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 48
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Facts of the CaseThe Revenue (the Income Tax Department) preferred six statutory appeals before the High Court of Delhi against a common, consolidated order rendered by the Income Tax Appellate Tribunal (ITAT), New Del...

Commissioner of Income-Tax vs. M/s Shri Shyam Sales (and Connected Appeals) | Dismissal of Revenue's Appeal on Absence of Substantial Question of Law under Section 260A of the Income Tax Act, 1961 – Issue Covered by Precedents on Foreign Exchange Fluctuations/Treaty Interpretations (Azadi Bachao Andolan & Woodward Governor)

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My Tax Expert
19/06/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 49
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Facts of the Case The Litigating Parties: The Appellant in this batch of matters is the Revenue department (Commissioner of Income-Tax), while the primary Respondent-Assessee is identified as M/s Shri...

Commissioner of Income Tax Vs. M/s Shri Shyam Sales (2004:DHC:8920-DB): Dismissal of Revenue's Income Tax Appeals under Section 260A of the Income Tax Act, 1961, by the Delhi High Court Due to Absence of Substantial Question of Law Following Precedent in CIT Vs. M/s Itochu Corporation

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My Tax Expert
19/06/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 53
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Facts of the Case Nature of Filing: The Revenue Department (Commissioner of Income Tax) instituted a batch of tax appeals challenging the decisions rendered by lower appellate authorities. Parties ...

Commissioner of Income Tax vs. M/s Shri Shyam Sales: Determination of the Legal Threshold for Substantial Question of Law under Section 260A of the Income Tax Act, 1961, and the Binding Principle of Precedents with Reference to the Azadi Bachao Andolan, Woodward Governors, and Itochu Corporation Judgments

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My Tax Expert
19/06/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 51
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Facts of the Case The Appellant, represented by the Revenue/Income Tax Department, moved the Hon’ble High Court of Delhi by filing a batch of statutory tax appeals, collectively registered under ITA...

C.I.T. vs. M/s Indo Kopp Ltd.: Delhi High Court Holds Interest Paid to Trade Creditors Cannot Be Disallowed Under Section 37(1) Due to Non-Recovery of Interest from Trade Debtors

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My Tax Expert
19/06/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 52
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Facts of the CaseThe respondent-assessee, M/s Indo Kopp Ltd., filed its income tax return claiming a business deduction of ₹16,23,432/-. This sum represented the actual interest amount paid by the company to its trad...

Commissioner of Income Tax vs. M/s Ilac Investment Pvt. Ltd. | Section 68 Income Tax Act: Unexplained Cash Credits & Share Application Money

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My Tax Expert
19/06/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 43
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Facts of the Case For the assessment year 1989-90, the respondent-assessee disclosed a sum of ₹4,75,000/- received as share application money within its income tax return. The Assessing Off...

C.I.T. vs. M/S Sony India (P) Ltd.: Allowability of Warranty Provision as Deduction Under Section 37(1) of Income Tax Act

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19/06/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 70
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Facts of the Case Assessee's Business Operations: The assessee, M/S Sony India (P) Ltd., is a prominent corporate entity engaged in the widespread manufacture, marketing, and sale of televisions (TVs)...