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Commissioner of Income Tax vs. M/s. Mayur Recreational and Development Ltd. (2004) | Scope of Tribunal's Jurisdiction Under Section 254(2) of the Income Tax Act, 1961: Distinction Between the Power of Review and Power to Rectify Mistakes for Recalling Entire Orders
Facts of the Case
Original
Tribunal Order: The Income Tax Appellate Tribunal (ITAT),
Delhi Bench, initially disposed of the assessee's appeal (ITA No.
2967/Del/95) for the Assessment Year 1992-93 via ...
Commissioner of Income Tax vs M/s Galaxy Power Cables Ltd. (Delhi High Court) – Allowability of Consultancy/Service Charges Paid Through Banking Channels Despite Absence of Formal Agreement | AY 1996-97
Facts of the CaseFor the Assessment Year 1996-97, the assessee, M/s Galaxy
Power Cables Ltd., filed its return declaring a loss of approximately ₹1.83
crore. The assessee had received ₹75 lakh from Himachal Futuris...
Commissioner of Income Tax vs. Shri Shyam Sales: Statutory Jurisdiction under Section 260A of the Income Tax Act, 1961: Validity of Assessing Officer’s Reference to the Departmental Valuation Officer (DVO) for Determination of Real Estate Construction Costs vis-à-vis the Binding Precedent of Smt. Amiya Bala Paul vs. CIT (262 ITR 407)
Facts of the Case
Nature
of the Appeal: The Appellant (Revenue/Income Tax
Department) preferred a statutory tax appeal under Section 260A of the
Income Tax Act, 1961, challenging the prior order passe...
Commissioner of Income Tax v. Ballabgarh Refractories Ltd.: Deletion of Depreciation Disallowance Upheld as Revenue Fails to Prove Collusive Asset Transfer Between Holding and Subsidiary Company Under Section 32 of Income Tax Act
Facts of the CaseThe respondent-assessee (Ballabgarh Refractories Ltd.), a
subsidiary company, claimed a depreciation amount of ₹10,93,465 (out of a total
disallowance of ₹17,00,252) for the use of machinery owned ...
Vaswani Education Society A-1 vs Commissioner of Income Tax, Delhi – Exemption under Section 10(23C)(vi), Scope of Appellate Jurisdiction under Section 260A of the Income-tax Act
Facts of the CaseThe assessee, Vaswani Education Society A-1, claimed exemption
under Section 10(23C)(vi) of the Income-tax Act. During the assessment
proceedings, certain expenditure claimed by the assessee was disall...
Commissioner of Income Tax vs M/s Dr. Jain Video on Wheels Ltd. – Penalty under Section 271(1)(c) on Assessed Loss Cases and Applicability of Explanation 4 to Section 271(1)(c) | Delhi High Court (2006)
Facts of the CaseThe Revenue challenged the order of the Income Tax Appellate
Tribunal (ITAT) which had deleted the penalty imposed upon M/s Dr. Jain Video
on Wheels Ltd. under Section 271(1)(c) of the Income-tax Act, ...
Commissioner of Income Tax vs. Rollatainers Ltd — Whether Excise Duty Forms Part of Total Turnover for Computing Export Profits Deduction Under Section 80HHC of Income Tax Act, 1961: Delhi High Court Affirms Exclusion of Excise Duty Following Precedent in ITA No. 693/2004
Facts of the Case
The
Revenue/Appellant (Commissioner of Income Tax) filed an appeal (ITA No.
693/2004) before the Hon’ble Delhi High Court challenging an order
passed by the Income Tax Appellate Tr...
Income Tax Appeal Lawsuit – Commissioner of Income Tax vs. M/S Shri Shyam Sales (2002-03): High Court of Delhi Verdict Dismissing ITA No. 692/2004 Under Section 260A on Grounds of Small Monetary Amounts Involved and Fact-Based Disputes Without Precedent Value
Facts of the CaseThe Revenue Department preferred three interconnected
statutory income tax appeals—specifically ITA Nos. 692/2004, 694/2004, and
695/2004—before the High Court of Delhi. These appeals were preferre...
Commissioner of Income Tax (TDS) vs M/s Japan External Trade Organisation (JETRO) – Penalty under Section 271C for Failure to Deduct TDS on Rent Deleted Due to Bona Fide Belief | Delhi High Court
Facts of the CaseThe respondent-assessee, M/s Japan External Trade
Organisation (JETRO), had made payment of rent to its landlord without
deducting tax at source under Section 194-I of the Income-tax Act.The Income Tax...
Commissioner of Income Tax vs V.X.L. Technology Ltd. – Penalty under Section 271(1)(c) on Assessed Losses and Applicability of Explanation 4 to Section 271(1)(c)
Facts of the CaseThe Revenue filed an appeal before the Delhi High
Court challenging the order of the Income Tax Appellate Tribunal (ITAT), which
had deleted the penalty imposed under Section 271(1)(c) of the Income-ta...