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Commissioner of Income Tax vs. Harnarain (Delhi High Court) – Penalty under Section 271(1)(c) Cannot Be Levied on Voluntary Surrender of Gift Income Without Detection of Concealment
Facts of the Case
A
search and seizure operation under Section 132 of the Income Tax Act was
conducted at the assessee’s residence on 18 June 2003.
The
assessee filed the return of income for Ass...
Commissioner of Income Tax vs. Delhi Public School – Free Education to Staff Children, Perquisite Valuation under Rule 3(5), and Employer’s Liability under Sections 201(1) & 201(1A) of the Income-tax Act, 1961
Facts of the CaseThe Delhi Public School provided free educational facilities
to the children of its employees. During assessment proceedings, the Income Tax
Department alleged that such educational benefits constitute...
Comprehensive Legal Analysis: Commissioner of Income Tax vs. Delhi Public School – A Landmark Precedent on Educational Institution Taxability and Appellate Procedure
Facts of the Case The litigation involved a series of consolidated appeals
initiated by the Revenue department. These included ITA No. 345/2009, 414/2009,
458/2009, 780/2009, and 787/2009. All these matters were filed ...
Commissioner of Income Tax vs. Delhi Public School: A Comprehensive Analysis of Employer TDS Liability, Bona Fide Estimates, and the Valuation of Educational Perquisites under Rule 3(5)
Facts of the CaseFollowing an on-the-spot interactive education program
conducted on March 10, 2005, it was revealed that Delhi Public School (the
Assessee) provided free educational facilities to the wards of its teac...
Arcotech Ltd. vs. Director of Income Tax (Recovery) & Ors. – Understanding Section 72 Relief in Sick Industrial Companies
Facts of the CaseThe Petitioner, Arcotech Ltd. (formerly SKS Ltd.), was
declared a "sick company" and was under the purview of the Board for
Industrial and Financial Reconstruction (BIFR). The BIFR sanctioned a
rehabi...
Legal Analysis of Commissioner of Income Tax vs. Nokia India Pvt. Ltd. (2011): Examining the Deletion of Penalty under Section 271(1)(c) of the Income Tax Act Regarding Ad-Hoc Disallowances and Inventory Obsolescence
Facts of the CaseThe Revenue (Commissioner of Income Tax) filed appeals under
Section 260A of the Income Tax Act, 1961, challenging an order of the Income
Tax Appellate Tribunal (ITAT) dated May 22, 2009. The dispute c...
The Commissioner of Income Tax III Vs. SQL Star International Ltd.: Interpretation of Section 35D – Amortization of Pre-Operational Expenditure
Facts of the CaseThe appeals (ITA 1315/2009 and ITA 1399/2009) involved the
Commissioner of Income Tax challenging the decision of the Income Tax Appellate
Tribunal (ITAT), which allowed SQL Star International Ltd. to ...
Commissioner of Income Tax vs. Nokia India Pvt Ltd | Section 271(1)(c) & 260A – Income Tax Penalty & Obsolescence Provision
Facts of the CaseThe Revenue filed appeals under Section 260A of the Income Tax
Act, 1961 against the Tribunal’s order dated 22nd May 2009 in relation to
assessment years 2000-01 and 2001-02 of Nokia India Pvt Ltd. T...
Commissioner of Income Tax vs M/s Amway India Enterprises – Treatment of Software Expenditure and Leasehold Premises Improvements under IT Act, 1961
Case Facts
Appeals
pertain to assessment years 2001-02 and 2002-03.
First
Issue: Treatment of expenditure by the assessee
(M/s Amway India Enterprises) on software licenses (MS Office, Anti-virus,
...
Commissioner of Income Tax vs M/s Amway India Enterprises – Treatment of Software and Leasehold Premises Expenditure under Income Tax Act, Sections 32 & 37
Facts of the CaseThe appeals pertain to assessment years 2001-02 and 2002-03.
The respondent, M/s Amway India Enterprises, incurred expenditures on:
Purchase
of software applications, including MS Office, Anti-V...