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Milestone Systems A/S vs Deputy Commissioner of Income Tax (Delhi High Court) – Section 197, 195 & Royalty on Software Payments | 2023:DHC:1926-DB
Facts of the CaseThe petitioner, a non-resident company incorporated in
Denmark, is engaged in providing IP video management software and
surveillance-related products globally. It entered into Distributor Partne...
PR. Commissioner of Income Tax-7, Delhi vs Springer India Pvt. Ltd. (2023) – Delhi High Court | APA Applicability in Transfer Pricing for Pre-APA Years
Facts of the CaseThe present appeal was filed by the Revenue against the order
of the Income Tax Appellate Tribunal concerning AY 2012–13. The Tribunal had
passed the impugned order pursuant to remand directions issu...
World Wide Metals Private Limited vs Income Tax Officer Ward 27(1), Delhi & Anr. | Delhi High Court | Section 148 & 148A – Minimum 7 Days Mandatory Response Time
Facts of the CaseThe petitioner challenged the validity of:
Notice
issued under Section 148A(b) dated 22.03.2022
Order
passed under Section 148A(d)
Reassessment
proceedings initiated under...
Lotus Law Partners LLP (Through Legal Heir) vs Income Tax Officer Ward 54(4) Delhi | Delhi High Court | Section 148A & 148 Income Tax Act – Reassessment on Dissolved Entity Invalid
Facts of the CaseThe present writ petition was filed challenging the notice
dated 14.03.2022 issued under Section 148A(b), the order dated 31.03.2022
passed under Section 148A(d), and the consequential notice issued un...
Preet Singh vs Assistant Commissioner of Income Tax, Circle 32(1) & Anr. – Delhi High Court | Section 2(14)(iii), 54B & 54F | Agricultural Land Not a Capital Asset | ITA 106/2023
Facts of the
CaseThe appellant/assessee, Preet Singh, filed an
appeal against the order dated 22.09.2022 passed by the Income Tax Appellate
Tribunal (ITAT) concerning Assessment Year 2013–2014. The Tribunal had
dis...
Commissioner of Income Tax (International Taxation)-1, New Delhi vs Brandix Mauritius Holdings Ltd. – Invalid Assessment Order for Non-Generation of DIN under CBDT Circular No. 19/2019 (Sections 147, 143(3), 144C, 292B, 260A of Income Tax Act, 1961)
Facts of the
CaseThe present appeal was filed by the Revenue against
the order dated 16.09.2022 passed by the Income Tax Appellate Tribunal
concerning Assessment Year 2011–12.The Assessing Officer passed the final
...
Alankar Apartments Pvt. Ltd. vs Deputy Commissioner of Income Tax Circle 1(1) – Reassessment u/s 148A(d) Set Aside for Non-Consideration of Reply on Statutory Liabilities
Facts of the
Case
The petitioner filed its return declaring statutory liabilities for
AY 2016-17 amounting to ₹8.51 crore.
The Assessing Officer (AO) observed a significant increase compared
to ...
ADM Agro Industries India Pvt. Ltd. vs Assistant Commissioner of Income Tax Circle 1(1) Delhi – Reassessment under Section 148A(d) & 148 of Income Tax Act upheld with opportunity to furnish evidence (Delhi High Court)
Facts of the
CaseThe present writ petition pertains to Assessment
Year 2013–14 and represents the second round of litigation before the Delhi
High Court. Earlier, the petitioner had challenged reassessment
proceedi...
Principal Commissioner of Income Tax–6 vs National Textiles Corporation Ltd. (Delhi High Court) – Penalty u/s 271(1)(c) Not Leviable for Bona Fide Wrong Claim of Foreign Exchange Loss
Facts of the
Case
The assessee, a public sector undertaking, filed its return
declaring income of ₹1,16,540, later revised to NIL.
During scrutiny, the Assessing Officer disallowed ₹14.25 crore
...
Shyam Communication Systems vs Deputy Commissioner of Income Tax (Delhi High Court, 2023) – Violation of Natural Justice in Assessment under Section 143(3)
Facts of the
CaseThe petitioner, Shyam Communication Systems,
challenged the assessment order dated 22.04.2021 passed under Section 143(3) of
the Income Tax Act, 1961 for AY 2018–19. The Assessing Officer (AO)...