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CIT vs. M/s Oracle Software India Ltd.: Section 40(a)(i) Disallowance on Software Royalty & TDS Compliance Timeline under Income Tax Act — Delhi High Court Landmark Analysis (ITA No. 811 of 2006 | 2007:DHC:459-DB)
Facts of the Case
Corporate
Structure: The Respondent-Assessee (M/s Oracle Software
India Ltd.) operates as a 100% wholly-owned subsidiary of Oracle
Corporation, USA. It was incorporated to develop, p...
Society for the Advancement of Education Cambridge School Vs. Income Tax Officer (Exemption) | Legal Prerogative and Procedural Implications of the Unconditional Withdrawal of a Writ Petition Under Article 226 of the Constitution of India in Matters Pertaining to Statutory Tax Exemptions for Educational Institutions Under the Income Tax Act, 1961
Facts of the Case
Status
of the Petitioner: The Petitioner is the "Society for
the Advancement of Education Cambridge School," an educational
society managing a network of reputed educational institut...
Director of Income Tax (International Taxation) vs United Airlines (2006) – Validity of Assessment under Section 142(1)(i), Limitation Challenge and Remand to ITAT after Retrospective Amendment
Facts of the
CaseThe Revenue, through the Director of Income Tax
(International Taxation), filed an appeal before the Delhi High Court against
the order of the Income Tax Appellate Tribunal (ITAT) in favour of United
...
Commissioner of Income Tax versus Getit Infomediary Limited: Judicial Interpretation of Deduction for Bad Debts Under Section 36 1 vii of the Income Tax Act 1961
Facts of the CaseThe assessee claimed a deduction of 1,67,33,202 rupees as bad
debts written off during the assessment year 2003 2004. This amount comprised
debts owed by government telephone departments and priv...
S.N.P. Punj v. Deputy Commissioner of Income Tax, Maya Rani Punj & Ors. v. Deputy Commissioner of Income Tax and N.P. Punj v. Roshan Sahay, Deputy Commissioner of Income Tax – Prosecution under Sections 276CC, 276D and 278B of the Income-tax Act Quashed for Lack of Specific Allegations Regarding Responsibility for Conduct of Business
Facts of the CaseThe Income Tax Department instituted a criminal
complaint against M/s Dayagen and its partners for Assessment Year 1988-89
alleging failure to file the return of income within the prescribed period and...
Commissioner of Income Tax versus Smt. Nilofer I. Singh: Interpretation of Full Value of Consideration and Bad Debts Deduction under the Income Tax Act 1961
Facts of the CaseThe assessee sold two properties, one in Mumbai and one in
Delhi, and disclosed capital gains based on the actual sale consideration.
During assessment proceedings under Section 143 3, the Assessing Of...
Commissioner of Income Tax, Delhi vs Mission Viejo Agro Pvt. Ltd. – Section 36(1)(iii) Interest Deduction on Borrowed Funds and Interest-Free Advances | Delhi High Court
Facts of the CaseThe assessee, Mission Viejo Agro Pvt. Ltd., was
engaged in cultivation, dealing in agricultural produce, and setting up farms,
orchards, and horticultural projects. During Assessment Year 1997-98, the
...
Commissioner of Income Tax vs M/s Iyer & Co. (ITA No. 293/2006) – Penalty under Section 271(1)(c) on Assessed Loss Cases, Applicability of Explanation 4 and Remand to ITAT by Delhi High Court
Facts of the
CaseThe dispute arose from the deletion of a penalty
imposed under Section 271(1)(c) of the Income-tax Act, 1961. The
assessee's total income was ultimately assessed at a loss/minus figure,
and the...
Commissioner of Income Tax vs M/s Royal & Sunalliance – Dismissal of Revenue Appeal Following Earlier Precedent | Income Tax Appeal No. 122/2006 (Delhi High Court)
Facts of the
CaseThe Revenue, namely the Commissioner of Income Tax,
filed an appeal before the Delhi High Court against the order passed in favour
of M/s Royal & Sunalliance. The matter came up before the Divisio...
Commissioner of Income Tax-V Vs. Realest Builders & Services Ltd: Deductibility of Bad Debts under Section 36(1)(vii) - Delhi High Court
Facts of the Case·
The case pertains to the assessment year 2001-02
and arises from an order dated 22.06.2006 passed by the Income Tax Appellate
Tribunal (Tribuna...