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Kali Metals Pvt. Ltd., Kamdhenu Cement Ltd. & Kamdhenu Industries Ltd. Vs. Commissioner of Income Tax (CIT) Delhi & Anr. – Validity of Case Transfer Orders Under Section 127 of the Income Tax Act, 1961 Without Affording a Mandatory Reasonable Opportunity of Being Heard and the Adherence to Principles of Natural Justice.
Facts of the Case
Impugned
Transfer Order: On January 19, 2009, the Commissioner of
Income Tax (CIT), Delhi-II, New Delhi, issued an order under Section 127
of the Income Tax Act, 1961, transferring t...
Commissioner of Income Tax vs. SIL Investments Ltd. | Reassessment under Section 147 Cannot Be Reopened Beyond Four Years Solely Due to Retrospective Amendment to Section 80HHC – Delhi High Court
Facts of the
CaseThe assessee, SIL Investments Ltd., had filed its
income tax returns and the assessments were originally completed under the
provisions of the Income-tax Act.Subsequently, Section 80HHC was amended
r...
Director of Income Tax vs M.S. Education Society (Delhi High Court) – Revenue Appeals Dismissed as No Substantial Question of Law Arose under Section 260A of the Income Tax Act
Facts of the Case
The Income Tax Appellate Tribunal passed a common order dated 22
January 2009 covering Assessment Years 1995-96, 1996-97 and 1998-99.
Aggrieved by the Tribunal's decision, the Revenue filed a...
Commissioner of Income Tax vs. Sahara India Mass Communication: Deletion of Income Tax Additions on Account of Excessive Newsprint Wastage Book Results and Admission of Additional Ground of Expenditure
Facts
of the Case·
The
assessee, M/s Sahara India Mass Communication, filed its original return of
income for the Assessment Year (AY) 1994-95, declaring a loss of ₹...
Commissioner of Income Tax vs. [Assessee/Respondent] | Scope of Section 41(1) Creditor Confirmations, Salary Expense Disallowance vs. Form 16 TDS Evidence, and Interest Expenses Covered by Precedents under ITA No. 1340/2009
Facts of the CaseThe Revenue (Appellant) filed an appeal challenging the
order of the Income Tax Appellate Tribunal (ITAT), which had upheld the
decision of the Commissioner of Income Tax (Appeals) [CIT(A)] to delete t...
Commissioner of Income Tax vs. Mercator Healthcare Ltd. (Delhi High Court): Once Identity, Bank Records, and Tax Returns of Share Applicants Are Verified, No Addition Can Be Sustained Under Section 68 of the Income-tax Act, 1961
Facts
of the Case·
The
respondent-assessee received share application money amounting to ₹20 lakhs
from 10 different share applicants during the Assessment Year (AY)...
Commissioner of Income Tax vs SMCC Construction India (Formerly Mitsui Kensetsu India Ltd.) | Prior Period Technical Service Fees Allowable on TDS Payment under Section 40(a)(i) – Delhi High Court
Facts of the Case
The assessee incurred liability towards payment of technical
service fees to a foreign entity.
The liability related to earlier years but was not reflected as
payable in the books becau...
Export Promotion Council for Handicrafts v. DGIT (Exemptions) | Section 10(23C)(iv) Exemption Denied For Violation of Section 11(5) Rectified Post High Court Intervention – Landmark Delhi High Court Ruling on Retrospective Compliance of Revised Applications
Facts
of the Case·
The
petitioner, Export Promotion Council for Handicrafts, applied for a tax
exemption under Section $10(23C)(iv)$ of the Income Tax Act,
1961, for ...
Commissioner of Income Tax vs. Dr. Percy Batlivala: Whether Hypothetical Tax Deducted Under Tax Equalization Policy by Foreign Employer Accrues as Taxable Salary Income in India Under Section 15 and Section 5 of the Income Tax Act, 1961
Facts of the Case
The
assessees are foreign nationals who came to India for specific employment
assignments with Indian entities while remaining employees of foreign
companies.
They
filed the...
Commissioner of Income Tax vs. Winstral Petrochemicals Pvt Ltd | Section 68 , Section 133(6) Income Tax Act – Deletion of Unexplained Cash Credit on Share Application Money Received via Banking Channels
Facts
of the Case·
The
Assessee company filed its income tax return for the Assessment Year 2004-05
declaring an income of ₹2,20,880. The case was initially processe...