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Commissioner of Income Tax, Delhi v. Pawan Kumar Jain (2005) – Penalty under Section 271(1)(c) Cannot Be Levied Where Wrong Section 80HHC Claim Was Based on Auditor’s Certificate and Full Disclosure of Facts
Facts of the
CaseThe Revenue preferred an appeal under Section 260A
of the Income-tax Act challenging the order of the Income Tax Appellate
Tribunal dated 15.12.2003. The dispute related to the initiation and impositi...
Commissioner of Income Tax v. Swedeshi Credits Pvt. Ltd. & Ors. (2005) - Penalty for Concealment of Income Regardless of Assessed Loss | Section 271
Facts of the CaseThe Revenue challenged several orders of the Income Tax Appellate
Tribunal (ITAT), which had deleted penalties imposed under Section 271(1)(c).
The ITAT relied on the view that if an assessee files a r...
Commissioner of Income Tax (Central) v/s. M/s Xerox Modi Corporation Ltd. & Anr. – Settlement Commission Powers under Section 245D of the Income-tax Act, 1961 | Delhi High Court
Facts of the
CaseThe Commissioner of Income Tax (Central) filed a
writ petition before the Delhi High Court challenging the proceedings relating
to an application made by M/s Xerox Modi Corporation Ltd. before the Inc...
Commissioner of Income Tax v. M/s Dwarkadhish Financial Services – Share Application Money, Section 68 and Burden of Proof Regarding Identity, Creditworthiness and Genuineness of Investors
Facts of the CaseThe Revenue filed an appeal under Section 260A of the
Income-tax Act challenging the order of the Income Tax Appellate Tribunal
relating to Assessment Year 1997-98.The dispute arose from additions made...
Director of Income Tax vs M/s Indo Soviet Medicare & RFS (Delhi High Court) – Exemption under Section 10(22) for Educational Institutions Engaged in Language and Paramedical Education
Facts of the CaseThe assessee, M/s Indo Soviet Medicare & RFS,
was engaged in educational activities relating to Russian language studies and
paramedical education and training. For Assessment Year 1990-91, the Ass...
Commissioner of Income Tax vs. M/s. Global Trust Bank Ltd. (u/s 260A): A Critical Analysis of Assessment and Appellate Procedures
Facts of the Case·
The dispute involves the assessment proceedings of Global Trust
Bank Ltd. regarding financial adjustments and tax treatments.· ...
Indian Bank v. Additional Commissioner of Income Tax & Another – Challenge to Show Cause Notice in Tax Recovery Proceedings under Income Tax Act, 1961
Facts of the CaseIndian Bank filed a writ petition before the Delhi High Court
challenging proceedings initiated by the Income Tax Department through a show
cause notice dated 21 February 2005 issued during tax recover...
Commissioner of Income Tax, Delhi-1 v/s M/S Coral Newsprints Limited & Ors. (2005): Penalty Under Section 271(1)(c) When Assessed Income is a Loss
Facts of the CaseThe
assessees filed income tax returns declaring losses. During assessment
proceedings, these losses were reduced due to the discovery of concealed
income. The ITAT initially deleted the penalties, re...
Commissioner of Income Tax v. Hitachi Ltd. Japan & Hitachi India Trading Pvt. Ltd. – Penalty under Section 271C for Failure to Deduct Tax at Source on Expatriate Employees’ Overseas Salary Components
Facts of the CaseHitachi Ltd., Japan maintained a liaison office in India until
February 1997. Thereafter, Hitachi India Trading Pvt. Ltd. was incorporated and
the liaison office was wound up. During verification of Fo...
Urmila Jain vs Commissioner of Income Tax (Delhi High Court) – Section 260A Appeal on Findings of Fact, Burden of Proof and Production of Evidence under the Income-tax Act
Facts of the CaseThe assessee, Urmila Jain, filed an appeal before
the Delhi High Court under Section 260A of the Income-tax Act challenging the
order dated 23 June 2004 passed by the Income Tax Appellate Tribuna...