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Section 68 Compliance Framework: High Court Guidelines on Discharging the Burden of Proof for Share Application Money and Unexplained Cash Credits
Facts of the CaseThe case comprises a batch of appeals involving different
assessees who received substantial sums of share application money.
In
the case of Oasis Hospitalities (Pvt.) Ltd., the Assessing Offic...
Alcatel Lucent International vs. Assistant Director of Income Tax & Others [2010] 2010:DHC:2463-DB (Delhi High Court) under Section 254 of the Income-tax Act, 1961
Facts of the CaseAlcatel Lucent International filed a writ petition
before the Delhi High Court challenging an order passed by the Assessing
Officer while giving effect to directions issued by the Income Tax Appe...
Commissioner of Income Tax vs Oasis Hospitalities Pvt. Ltd. & Connected Matters (2011) 333 ITR 119 (Delhi High Court)
Facts of the
Case
The Revenue challenged orders passed by the Commissioner of Income
Tax (Appeals) and the Income Tax Appellate Tribunal deleting additions
made under Section 68 in respect of share applica...
CIT Vs. Jaypee Hotels Ltd. | Depreciation Rate on Golf Course: Plant vs. Hotel Building | Section 32 & Section 154 of Income Tax Act
Facts
of the Case
Context: The appeals involve multiple Assessment Years (A.Y. 2002-03,
2003-04, and 2005-06) concerning the characterization and depreciation
rate applicable to a golf course managed by th...
Commissioner of Income Tax, Delhi-II vs. Mahindra Finlease Pvt. Ltd. & Mahindra Traders Pvt. Ltd. – Whether Protective Assessment Can Be Framed Under Sections 158BC/158BD of the Income-tax Act, 1961
Facts of the
CaseA search and seizure operation under Section 132 of
the Income-tax Act was conducted on 20.06.2000 at the residential and business
premises of Shri P.K. Sood, who was a Director of the respondent comp...
Alcatel Lucent International vs. Assistant Director of Income Tax & Others [2010] 2010:DHC:2462-DB (Delhi High Court) under Section 143(3) of the Income-tax Act, 1961
Facts of the CaseAlcatel Lucent International filed multiple writ
petitions challenging orders passed by the Assessing Officer while giving
effect to earlier orders of the Income Tax Appellate Tribunal.The disput...
Commissioner of Income Tax v. Sashi Prakash Khemka: ITAT Cannot Mechanically Apply Companion Case Precedents Without Verifying Factual Parity under Section 139(1)
FACTS OF THE
CASE
The respondent/assessee filed his individual return of income for
the Assessment Year (AY) 1993-94 on October 29, 1993.
The assessee owned 70,000 shares in M/s NEPC Micon Ltd., which
i...
Alcatel Lucent International vs. Assistant Director of Income Tax & Others [2010] 2010:DHC:2463-DB (Delhi High Court) under Section 254 of the Income-tax Act, 1961
Facts of the CaseAlcatel Lucent International filed a writ petition
before the Delhi High Court challenging an order passed by the Assessing
Officer while giving effect to directions issued by the Income Tax Appe...
Commissioner of Income Tax (Revenue) vs Assessee – Re-computation of Deduction under Section 80HH of the Income Tax Act | Delhi High Court
Facts
of the Case1.
The
appeals concerned the same assessee for Assessment Years 1992-93, 1993-94 and
1994-95.2.
The primary
issue related to deduction un...
Commissioner of Income Tax vs Assessee (ITA Nos. 1319-1321/2009) – Re-computation of Deduction under Section 80HH of the Income-tax Act | Delhi High Court
Facts of the
CaseThe present appeals were filed by the Revenue
before the Delhi High Court concerning the same assessee for Assessment Years
1992-93, 1993-94 and 1994-95.The dispute originated from the assessee's clai...