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Section 127(2) of the Income Tax Act Explained: ATS Infrastructure Ltd. & Others vs. Commissioner of Income Tax (CIT) – Delhi High Court Upholds Transfer of Cases for Centralized Tax Investigation and Clarifies that Assessee Convenience is Not an Absolute Right
Facts
of the Case·
The petitioners comprise multiple
entities belonging to the ATS Group—including M/s ATS Infrastructure Ltd., M/s
ATS Promoters & Builders (P) ...
Commissioner of Income Tax, Delhi-VI, New Delhi vs. Triveni Engineering & Industries Limited An Analysis of Revenue vs. Capital Expenditure on Administrative Expenses Incurred for Modernization and Expansion of Existing Business Units under Section 37(1) of the Income Tax Act, 1961
Facts of the Case
The
Respondent/Assessee, M/s Triveni Engineering & Industries Limited, is
engaged in the business of running sugar mills across multiple units,
including its facilities at Deoban...
ATS Infrastructure Ltd. & Connected Matters v. Commissioner of Income Tax (CIT), Delhi-I | Delhi High Court Upholds Transfer of Income Tax Jurisdiction Under Section 127 of the Income Tax Act
Facts of the
Case
A search operation was conducted in the ATS Group cases on 15
February 2008.
Following the search, the Commissioner of Income Tax issued a
show-cause notice proposing transfer of the pe...
ATS Infrastructure Ltd. & Ors. v. Commissioner of Income Tax (CIT) | Delhi High Court Upholds Transfer of Income Tax Cases under Section 127 of the Income Tax Act, 1961
Facts of the Case
Search and seizure operations were conducted on the ATS Group on 15
February 2008.
The Income Tax Department proposed centralization of assessment
proceedings relating to ATS Group entit...
Commissioner of Income Tax vs. [Respondent Name Not Available in Uploaded Order] – Appeal Dismissed on Account of Low Tax Effect under CBDT Instruction No. 5/2008 (Delhi High Court)
Facts
of the CaseThe Revenue filed Income Tax
Appeal No. 680/2009 before the Delhi High Court. The matter was heard along
with several connected appeals, namely ITA No. 430/2009, ITA No. 681/2009, ITA
No. 328/2009 an...
Commissioner of Income Tax v. Gujarat Guardian Limited: Deferral vs. Immediate Revenue Deductions under Sections 37(1), 36(1)(iii), and 43B(d) of the Income Tax Act, 1961
Facts of the CaseThe case arose from an appeal filed by the Revenue against the
order of the Income Tax Appellate Tribunal (ITAT) concerning the assessment
year 1996-97 for the respondent-assessee, M/s Gujarat Guardian...
Commissioner of Income Tax vs. Gujarat Guardian Limited | Dismissal of Revenue's Appeal Under Section 260A of the Income Tax Act, 1961 For Assessment Year 1996-97 in View of Connected Precedent ITA No. 669/2008
Facts of the CaseThe Appellant (Commissioner of Income Tax / Revenue) filed a
statutory tax appeal under Section 260A of the Income Tax Act, 1961. The appeal
challenged the validity of the appellate judgment and order ...
Commissioner of Income Tax Vs. [Respondent Party Name] | Maintainability of Tax Appeal Absent COD Approval Under Section 260A of the Income Tax Act, 1961 (2009:DHC:9878-DB)*
Facts of the Case
The Revenue (Income Tax Department) filed an appeal (ITA No.
89/2009) before the Hon’ble High Court of Delhi against an order passed
under the Income Tax Act, 1961.
Along with the appe...
Commissioner of Income Tax vs. Gangour Investment Ltd. – Deletion of Section 68 Share Application Money Addition on Failure of Revenue to Disprove Identity and Creditworthiness of Corporate Investor
Facts of the CaseThe assessee, Gangour Investment Ltd. (a member of
the National Stock Exchange engaged in the purchase and sale of shares), filed
its Income Tax Return for the Assessment Year 1996-97, declaring a loss...
Delhi High Court Ruling on Tax Deductibility of Corporate Club Membership: Commissioner of Income Tax vs. Samtel Color Limited (ITA 1152/2008)
Facts of the CaseThe assessee, M/s Samtel Color Limited, paid
corporate membership fees to India Habitat Centre (₹5 lakhs) and Sports &
Cultural Club, Noida (₹1 lakh), totaling ₹6 lakhs during the assessment ...