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Commissioner of Income Tax, Delhi vs. M/S Focus Estates P. Ltd. — Scope of Rule 25 of Appellate Tribunal Rules, 1963 and Validity of Recalling Ex-Parte Orders due to Non-Service of Notice under Section 260A of the Income Tax Act, 1961
Facts of the Case
The
Revenue (Income Tax Department) filed an appeal before the Income Tax
Appellate Tribunal (ITAT) against the respondent-assessee, M/S Focus
Estates P. Ltd.
The
ITAT heard...
M/s United Airlines v. Commissioner of Income Tax & Others – Delhi High Court – Whether Landing and Parking Charges Paid to Airport Authority Constitute ‘Rent’ Liable for TDS under Section 194-I of the Income-tax Act
Facts of the CaseThe petitioner, M/s United Airlines, an airline
incorporated in the United States of America, operated flights landing at
Indira Gandhi International Airport, New Delhi.The dispute arose from an order ...
Commissioner of Income Tax vs. M/s Focus Estates P. Ltd.: Scope of Rule 25 of Income Tax Appellate Tribunal Rules, 1963 — Power of ITAT to Recall Ex-Parte Orders and Restore Appeals Upon Sufficiency of Cause for Non-Appearance Under Section 260A of the Income Tax Act, 1961
Facts of the Case
The
Income Tax Appellate Tribunal (ITAT) heard and disposed of an appeal filed
by the Revenue ex-parte on July 15, 2003, acting under the
assumption that the notice issued to the res...
M/s United Airlines v. Commissioner of Income Tax & Others – Delhi High Court Liability for Interest under Section 201(1A) of the Income-tax Act, 1961 Where Taxes Have Already Been Paid by the Payee
Facts of the CaseThe petitioner, M/s United Airlines, filed a writ
petition challenging an order dated 24 March 2000 passed by the Commissioner of
Income Tax under Section 264 of the Income-tax Act.The Commissioner, wh...
Commissioner of Income Tax vs. M/s. Khosla Indair Limited: Classification of Business Income vs. Income from Other Sources
Facts
of the CaseThe assessee, M/s. Khosla Indair
Limited, filed a return declaring a net loss, while also claiming unabsorbed
brought forward losses, depreciation, and investment allowance. The Assessing
Officer (AO...
Commissioner of Income Tax vs. M/s. Thirani Chemicals Ltd.: Deductibility of Debenture Issue Expenses as Revenue Expenditure vs. Amortization Under Section 35D of the Income Tax Act – Binding Nature of CBDT Circular No. 56 Post India Cements Judgement
Facts of the Case
The
assessee-company (M/s. Thirani Chemicals Ltd.), with an objective
to modernize, expand, and augment its long-term capital requirements,
raised funds amounting to ₹406.65 lacs b...
Commissioner of Income Tax v. M/s Hind Pocket Books (ITA No. 842/2005) – Delhi High Court – Deductibility of Foreign Education Expenses of Managing Director’s Daughter as Business Expenditure under Section 37(1) of the Income Tax Act, 1961 – Remand by ITAT Held Improper
Issues Involved
Whether
expenditure incurred on the foreign education of the Managing Director’s
daughter was allowable as business expenditure under Section 37(1) of the
Income-tax Act, 1961.
Whe...
Commissioner of Income Tax v. M/s India Lease Development Ltd. (ITA No. 512/2003) | Deletion of Penalty Under Section 271(1)(c) and the Overriding Impact of Immunity Granted Under Section 90(2) of the Kar Vivad Samadhan Scheme, 1998
Facts of the Case
The
Income-tax Appellate Tribunal (ITAT), Delhi Bench, deleted a penalty
levied upon the respondent-assessee (M/s India Lease Development Ltd.)
under Section 271(1)(c) of the Income-...
Commissioner of Income Tax vs. M/s. Matsushita Electric Industrial Co. Ltd. (2005): Analysis of TDS Penalty under Section 271C
Facts
of the CaseThe Respondent, a non-resident company
incorporated in Japan with a liaison office in India, utilized the services of
expatriate employees who rendered services in India. These employees were paid
th...
The Commissioner of Income Tax vs. M/s Durant Refrigeration (Pvt.) Ltd.: Adjudicating the Genuineness of Business Transactions
Facts
of the CaseThe Respondent, M/s Durant
Refrigeration (Pvt.) Ltd., claimed a 100% depreciation on the purchase of 505
oxygen gas cylinders, which were subsequently leased to a sister concern. The
Assessing Office...