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Denso Haryana Private Limited vs Commissioner of Income Tax, Delhi-III | Technical Service Fees for Employee Training Held Revenue Expenditure and Fully Allowable Under Section 37 of the Income Tax Act
Facts
of the CaseThe assessee, Denso Haryana Private
Limited, a wholly owned subsidiary of Denso Corporation, Japan, was engaged in
the business of manufacturing and trading gasoline engine management systems in...
DELHI HIGH COURT HOLDS THAT RECTIFICATION UNDER SECTION 254 CANNOT BE USED TO RE-ARGUE THE MERITS OF A CASE WHEN THE ORIGINAL ITAT ORDER IS ALREADY UNDER APPEAL | Assessees vs Income Tax Department | ITA Nos. 870-879/2009 (Delhi High Court
Facts
of the Case1.
The
ITAT had earlier passed orders against the assessees.2.
The
assessees challenged those orders before the Delhi High Court by filing...
Distinguishing Capital vs. Revenue Expenditure: A Detailed Legal Analysis of the Delhi High Court’s Ruling in CIT vs. M/s Orissa Cement Ltd. and the Application of the 'Empire Jute' Test
Facts of the CaseThe Revenue filed appeals (ITA No. 314/2009 and ITA No.
545/2009) against the orders of the Income Tax Appellate Tribunal (ITAT), which
had upheld the findings of the Commissioner of Income Tax (Appeal...
Substantial Question of Law under Chapter XIV-B: Whether the Issuance and Service of Scrutiny Notice Under Section 143(2) Within the Prescribed Limitation Period is a Mandatory Jurisdictional Pre-requisite for Framing a Valid Block Assessment Order Under Section 158BC of the Income-tax Act, 1961,
Facts of the Case
The
Revenue preferred a batch of appeals, with CIT v. Pawan Gupta (ITA
No. 200/2008) taken as the lead matter, challenging the common orders
passed by the Income-tax Appellate Tribun...
Commissioner of Income Tax v. M/s Control & Switchgear Contactors Ltd. | Royalty & Technical Know-How Fee – Capital vs Revenue Expenditure | Section 32, Section 143(2), Section 115JB & Section 260A of the Income-tax Act | Delhi High Court
Facts of the Case
The assessee company was engaged in the manufacture of electrical
products, control panels, switchgear, air circuit breakers and related
products.
For Assessment Year 2003-04, the assess...
Mandatory Requirement of Notice under Section 143(2) for Block Assessments: Commissioner of Income Tax vs. Pawan Gupta & Ors.
Facts of the CaseThis batch of appeals involves several assessees who were
subject to block assessment proceedings under Chapter XIV-B of the Income-tax
Act, 1961, following search and seizure operations conducted unde...
Commissioner of Income Tax vs. Anand Saxena (with connected appeals including Pawan Gupta, Tulika Mishra, and Atul Glass Industries Ltd.) – Mandatorily Non-Negotiable Requirement of Issuing and Serving a Valid Notice Under Section 143(2) Within the Prescribed Limitation Period for Framing a Valid Search-Based Block Assessment Order Under Chapter XIV-B of the Income-tax Act, 1961.
Facts of the Case
Search
Operations & Proceedings: The case involves a batch
of appeals (with CIT v. Pawan Gupta as the lead matter alongside CIT
v. Anand Saxena and others) arising from search an...
Capital vs. Revenue Expenditure: Deletion of Additions under Section 37(1) of the Income Tax Act for Guarantee Expenses, Raw Material Exploration, and Technical Service Fees
Facts of the CaseThe Revenue filed appeals (ITA No. 314/2009 and ITA No.
545/2009) against the common order of the Income Tax Appellate Tribunal (ITAT),
which had upheld the decision of the Commissioner of Income Tax (...
Commissioner of Income Tax vs. Pawan Gupta & Others | Delhi High Court Judgment on Validity of Chapter XIV-B Block Assessment Order Framed Without Issuance and Service of Mandatory Jurisdictional Notice Under Section 143(2)
Facts of the Case
Search
and Seizure Proceedings: The case arose out of
search and seizure operations conducted against a specific group of
assessees.
Block
Assessment Initiation: Following t...
Triveni Engineering & Industries Ltd. vs. The Commissioner of Income Tax-XIX, New Delhi: Revisiting the Principles of Liability and Stock Valuation: A Detailed Legal Analysis of the Delhi High Court’s Judgment in Triveni Engineering & Industries Ltd. and the Application of Section 43B and Section 37(1)
Facts of the CaseThe appellant, M/s. Triveni Engineering & Industries Ltd.,
approached the Hon'ble Delhi High Court by filing an appeal under Section
260A of the Income Tax Act, 1961, challenging the concurrent ord...