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Commissioner of Income Tax, Delhi-II, New Delhi v. M/s Malibu Estate [2007:DHC:218-DB] — Direct Tax Case Analysis: Credit of Tax Deducted at Source (TDS) under Section 199 of the Income Tax Act, 1961, Allowable to the Substantive Income Earner (AOP) Even When TDS Certificates Are Issued in the Name of a Group Entity/Joint Venture Partner
Facts of the Case
Five
distinct corporate entities were incorporated on April 28, 1992,
collectively forming the "Malibu Group of Companies". The group
aimed to develop a cohesive township project in ...
Commissioner of Income Tax, Delhi-IV v. ESPN Software India (P) Ltd. – Determination of Business Set-Up and Allowability of Revenue Expenditure under Sections 3(1) and 260A of the Income-tax Act, 1961
Facts of the
Case
ESPN Software India (P) Ltd. was incorporated on 1 August 1995.
This was the first assessment year for which the company filed its
return, declaring a loss of Rs. 3,01,78,033.
On 15 August ...
Royal Jordanian Airlines & Anr. v. Deputy Director of Income Tax: High Court of Delhi Dismissal Upon Withdrawal of Writ Petition with Liberty to Pursue Alternative Statutory Remedies Under Income Tax Act
Facts of the CaseThe Petitioner, Royal Jordanian Airlines & Anr.,
approached the Hon'ble High Court of Delhi by filing a Writ Petition designated
as W.P.(C) 2113/2007 under Article 226 of the Constitution of India....
Sandeep Khetwani vs. Commissioner of Income Tax: Scope of Writ Jurisdiction Under Article 226 Against Section 264 Revisionary Orders Post-Search Block Assessment
Facts of the Case:During a search and seizure operation conducted on April 18,
2002, a cash sum of $Rs. 3,20,000/-$ was recovered from the possession of the
Petitioner. Following the block assessment, instead of filing...
M/s L.P. Hospitality Pvt. Ltd. v. Assistant Commissioner of Income Tax – Depreciation Restriction on Assets Not Exclusively Used for Business under Sections 32(1) and 38(2) of the Income-tax Act, 1961
Facts of the
Case
The assessee company operated a restaurant and bar business.
During Assessment Year 2001-02, it entered into an arrangement with
M/s Moet’s Kababs.
Under the arrangement, 85% of the daily...
Commissioner of Income Tax, Delhi-XVII vs. M/S Max India Ltd. | Whether Sale of Assets to Employees Below Written Down Value (WDV) Constitutes a Taxable Perquisite Under Section 192 and Section 201 of the Income Tax Act, 1961
Facts of the Case
The
Assessee, M/s Max India Ltd., ran a corporate welfare scheme providing its
officers with company-owned cars and hard furnishing items up to a
designated budget.
Under
th...
Ahluwalia Contracts (I) Ltd. vs. Joint Commissioner of Income Tax (2007) | Levy of Penalty under Section 271(1)(c) for Concealment of Income on Unaccounted Cash Receipts Discovered During Search Operation under Section 132 | Delhi High Court Case Law Analytics
Facts of the Case
Assessee’s
Business: The Appellant, M/s Ahluwalia Contracts (I)
Ltd., is a company engaged in the business of construction.
Search
& Seizure: A search operation under Section...
Commissioner of Income Tax, Delhi-VI vs Usha Stud Agricultural Farms Ltd. (2008) – Deletion of Addition under Section 68 for Opening Credit Balance | Section 68 & Section 260A of the Income-tax Act, 1961
Facts of the CaseThe assessee, Usha Stud Agricultural Farms Ltd.,
filed its return of income for Assessment Year 1999-2000. During reassessment
proceedings conducted under Sections 143(3) and 147 of the Income-tax Act,...
Commissioner of Income Tax v. S.M. Aggarwal: Evidentiary Value of Dumb Documents and the Right to Cross-Examination under Section 132(4A) of the Income Tax Act
Facts of the Case
A
search and seizure operation under Section 132 of the Income Tax Act,
1961, was conducted on April 21, 1998, at the residence of the Assessee,
Mr. S.M. Aggarwal.
During
th...
Sawhney Rubber Industries v. Commissioner of Income Tax XII (2007) | Writ Petition Under Article 226 of the Constitution of India Challenging High-Pitched Conditional Pre-Deposit Orders for Stay of Demand Under the Income Tax Act, 1961
Facts of the CaseThe Petitioner, Sawhney Rubber Industries, was aggrieved by an
interim administrative or quasi-judicial direction issued by the income tax
authorities regarding a substantial outstanding tax demand. Fo...