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Commissioner of Income Tax, Delhi vs M/s DLF Universal Ltd. – Addition of Unproved Liabilities, Admission of Additional Evidence under Rule 46A and Scope of Appeal under Section 260A of the Income Tax Act
Facts of the CaseThe assessee, M/s DLF Universal Ltd., filed its return of
income for Assessment Year 1992-93. During the assessment proceedings, the
Assessing Officer found that the assessee had failed to justify cert...
Commissioner of Income Tax, Delhi vs M S Bhiwani Synthetics Ltd. – Validity of Return Signed by General Manager and Curable Defect under Sections 140(c), 139(9) and 260A of the Income Tax Act, 1961
Facts of the CaseM S Bhiwani Synthetics Ltd. filed its return of income for
Assessment Year 1994-95 on 30 November 1994 declaring a loss. However, the
return was not signed by the Managing Director or any Director of t...
Calculation of Section 80-I Deductions: The Commissioner of Income Tax vs. M/s S.K.G. Engineering Pvt. Ltd.
Facts
of the CaseFor the assessment year 1996-97, the
assessee claimed deductions under both Section 80HH and Section 80-I of the
Income Tax Act. The Assessing Officer initially held that the deduction under
Section ...
Provision for Warranty Expenses: Allowability as Business Deduction under Section 37 of the Income Tax Act – Commissioner of Income Tax vs. M/s. Vinitec Corporation Pvt. Ltd.
Facts
of the CaseThe assessee (M/s. Vinitec Corporation
Pvt. Ltd.) filed its income tax return for the assessment year 2000-01. During
the assessment process, the assessee claimed a deduction for a provision
created ...
Commissioner of Income Tax vs. M/s HCL Info System Ltd.: Liability for TDS on Conveyance and Leave Travel Allowance
Facts
of the CaseThe assessee, M/s HCL Info System Ltd.,
engaged in the computer hardware business, was subject to a survey under Section
133A of the Income Tax Act, 1961. The Assessing Officer (AO) noted that the
co...
Commissioner of Income Tax vs. M/s. Fujitsu Ltd. Japan & Anr.: Bona Fide Belief as Reasonable Cause for Non-Deduction of TDS
Facts
of the CaseThe case involved multiple non-resident
companies, including M/s. I.H.I. Co. Ltd. and M/s. Fujitsu Ltd. Japan, which
operated liaison offices in India. Following survey operations under section
133A ...
Director of Income Tax (Exemption) vs. Institute of the Franciscan Clarist Sister of the Most Blessed Sacrament: Interpretation of 'Solely for Educational Purposes' under Section 10(22)
Facts
of the CaseThe Assessee, a religious
institution, operated approximately 16 schools, employing over one thousand
teachers and nuns, and provided education to several thousand students. The
Assessing Officer con...
Director of Income Tax (Exemption) vs. Institute of the Franciscan Clarist Sister of the Most Blessed Sacrament: Scope of "Solely for Educational Purposes" under Section 10(22)
Facts
of the CaseThe Respondent (Assessee), a
religious/charitable institution, operated approximately 16 schools, employing
over a thousand teachers and nuns, and providing education to thousands of
students. The As...
LG Electronics India Pvt. Ltd. vs. Commissioner of Income Tax: Scope of Discretion under Section 220(1) of the Income Tax Act, 1961
Facts
of the CaseThe petitioner, a limited company
engaged in the marketing and servicing of consumer electronics, filed its
income tax return for the assessment year 2002-2003. Following a scrutiny
assessment under ...
Adesh Tyagi & Anr. v. Assistant Commissioner of Income Tax: Withdrawal of Writ Petition with Liberty to Refile via General Power of Attorney (GPA) Holder under Article 226 of the Constitution of India
Facts of the CaseThe petitioners, Adesh Tyagi and another, filed writ petitions
[W.P.(C) 10200/2005 and W.P.(C) 10201/2005] against the Assistant Commissioner
of Income Tax. During the course of the hearing, a procedur...