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AREVA T&D SA Vs The Asst. Director of Income Tax & Ors. – Delhi High Court – Section 147, 195, 197 – Tax Deduction & Permanent Establishment Issue
Facts of the
Case
AREVA T&D SA, a French company, was awarded multiple turnkey
contracts by Power Grid Corporation of India Ltd. (PGCIL) between
1998 and 2002 for offshore supply, onshore supply, and o...
Shailendra vs Union of India & Ors – Delhi High Court Case on Service Law & Promotion under Central Civil Services Rules, Sections 14, 15, 16
Facts of the Case:
The petitioner, Shailendra, challenged the promotion and seniority list issued
by the Union of India & Ors in respect of cadre positions under the Central
Civil Services Rules. He contended that...
Commissioner of Income Tax vs Tulip Star Hotels Ltd.: Analysis under Sections 36(1)(vii) & 35D of the Income Tax Act
Facts of the Case:
The
assessee, Tulip Star Hotels Ltd., a Non-Banking Financial Company
(NBFC), placed fixed deposits with Citibank and extended guarantees for
loans to Fairmark, a company co-promote...
Commissioner of Income Tax vs Vipin Gupta – Disallowance of Income and Verification of Claimed Expenditure under Section 148, Income Tax Act
Facts of the Case
Assessee
Vipin Gupta received a reassessment notice under Section 148 of the
Income Tax Act for AY 1995-96 based on documents seized from Fena Ltd.
The
Assessing Officer (AO...
Reassessment under Sections 147/148 Despite Prior Orders under Sections 195(2) and 197 of the Income-tax Act, 1961 – AREVA T&D SA v. Assistant Director of Income Tax
Facts of the CaseThe petitioner, Union of India, challenged the
respondent Sanjay Kumar’s claim for a promotion under the applicable service
rules. The respondent had alleged non-compliance with prescribed promotion
...
Commissioner of Income Tax, Delhi-XI, New Delhi vs. Shri Sunil Chopra (2011) – Deemed Dividend under Section 2(22)(e) of the Income Tax Act – Business Advances, Share Application Money and Colourable Transactions
Facts of the CaseThe assessee, Shri Sunil Chopra, filed his return
of income for Assessment Year 2005-06 declaring income from property brokerage
business and other sources. During assessment proceedings, the Assessing...
Commissioner of Income Tax vs Ankitech Pvt. Ltd. & Connected Appeals – Deemed Dividend under Section 2(22)(e) Taxable Only in Hands of Shareholder | Delhi High Court
Facts of the Case
Various closely held companies advanced loans or provided financial
accommodations to concerns in which common shareholders had substantial
interest.
In the lead case, Jackson Generators...
Commissioner of Income Tax vs. Ankitech Pvt. Ltd. | Delhi High Court on Taxability of Deemed Dividend under Section 2(22)(e) in the Hands of Non-Shareholder Concern
Facts of the Case
The assessee company received advances/loans from another closely
held company.
Certain individuals held substantial shareholding in both the
lending company and the recipient concern.
...
Commissioner of Income Tax vs Ankitech Pvt. Ltd. | Landmark Delhi High Court Ruling on Deemed Dividend Under Section 2(22)(e) of the Income Tax Act
Facts of the
CaseThe present batch of appeals involved a common
question regarding the interpretation of Section 2(22)(e) of the Income Tax
Act, 1961 dealing with deemed dividend. The lead matter concerned Ankitech Pv...
Commissioner of Income Tax XVI vs Sh. Fumio Goto & Connected Matters – Applicability of Section 10(10CC), Section 17(2), and Section 40 of the Income Tax Act, 1961
Facts
of the Case:The
batch of appeals involved multiple foreign nationals deputed to work in India
for Indian subsidiaries of their foreign employers. The core issues concerned
the tax treatment of:
Employer-paid ...