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M/s Kolahai Infotech Pvt. Ltd. vs Income Tax Officer (2018) – Reassessment Quashed Due to Incorrect “Reasons to Believe” under Sections 147/148 of Income Tax Act
Facts of the
CaseThe petitioner company challenged a reassessment
notice issued under Sections 147 and 148 of the Income Tax Act. The notice was
based on information received from a survey conducted under Section 133A...
Toshiba India Pvt. Ltd. vs Deputy Commissioner of Income Tax & Anr. – Deduction of Interest on Customs Duty under Section 43B of Income Tax Act
Facts of the CaseThe assessee, Toshiba India Pvt. Ltd., filed two appeals
against orders passed by the Income Tax Appellate Tribunal (ITAT) for
Assessment Years 2012–13 and 2013–14. The assessee was engaged in impo...
M/s Infonox Software Pvt. Ltd. & Ors. vs Deputy Commissioner of Income Tax (Delhi High Court, 2019) – Withdrawal of Criminal Petitions under Section 139(1) Income Tax Act
Facts of the CaseThe petitioners, M/s Infonox Software Pvt. Ltd. &
Others, filed multiple criminal miscellaneous petitions before the Delhi
High Court challenging proceedings initiated by the Deputy Commissio...
Ambience Developers & Infrastructure Pvt. Ltd. & Anr. vs Commissioner of Income Tax (Delhi High Court, 2018) – Taxability of Lease Income under Section 22 & Section 60 of Income Tax Act
Facts of the
Case
Two assessees:
Ambience Developers & Infrastructure Pvt. Ltd. (ADI)
Ambience Hotels & Resorts Pvt. Ltd. (AHR)
AHR owned a hotel property with retail spaces in Gurugram, while...
Commissioner of Income Tax vs Gopal Das Estates & Housing Pvt. Ltd. (Delhi High Court, 2019) – Rental Income as House Property & Compensation on Surrender of Flats as Revenue Expenditure
Facts of the
CaseThe assessee company was engaged in the business of
construction and sale of commercial spaces. It developed a commercial building
known as Gopal Das Bhawan in Connaught Place, New Delhi and fol...
PR. Commissioner of Income Tax–4 vs M/s Granite Services International India Pvt. Ltd. (Delhi High Court, ITA 1413/2018 & 1438/2018) – No Substantial Question of Law in Transfer Pricing Comparables
Facts of the Case
The
Revenue filed appeals against two orders of the Income Tax Appellate
Tribunal (ITAT).
The
ITAT had:
Included
and excluded certain comparables
Remanded
...
Ritu Mishra & Anr. vs Assistant Commissioner of Income Tax, Circle 32(1), New Delhi (2019) – Petition Dismissed in Default After Conviction by Trial Court
Facts of the
CaseThe petitioners, Ritu Mishra and Swadesh
Kumar Mishra, filed petitions before the Delhi High Court challenging
proceedings initiated by the Income Tax Department. During the pendency of
these p...
Indian Railway Stations Development Corporation Ltd. vs. Principal Commissioner of Income Tax-IV (2019) – Deductibility of Expenses & ‘Setting Up of Business’ under Income Tax Act
Facts of the
CaseThe petitioner, a joint venture company
incorporated to redevelop railway stations, filed its return declaring losses
for AY 2013–14. The Assessing Officer disallowed deductions claimed toward...
PR. Commissioner of Income Tax-4 vs Granite Services International India Pvt. Ltd. (2019) – Delhi High Court | Transfer Pricing & Comparable Selection | No Substantial Question of Law
Facts of the Case
The
Revenue filed appeals against ITAT orders for:
Assessment
Year 2010–11 (ITA No. 1486/Del/2015)
Assessment
Year 2011–12 (ITA No. 532/Del/2016)
The
dis...
Commissioner of Income Tax vs Suresh Mittal & Commissioner of Income Tax vs Karan Sawhney – Dismissal of Revenue Appeals on Account of Low Tax Effect as per CBDT Circular (Delhi High Court, 2019)
Facts of the
CaseThe present matter involves three appeals filed by
the Revenue before the Delhi High Court under Section 260A of the Income Tax
Act, 1961. Two appeals were filed against Suresh Mittal and one ag...