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Director of Income Tax vs Jal Hotels Co. Ltd. – Liability of Non-Resident Assessee to Pay Interest under Section 234B Where Tax Deduction at Source Obligation Rests upon Resident Payer | Delhi High Court
Facts of the
Case
Jal Hotels Co. Ltd. was a non-resident assessee during the relevant
assessment year 2006–07.
Payments were made to the assessee by an Indian resident
payer/customer.
Under the Incom...
Commissioner of Income Tax vs. M/s KRIBHCO – Delhi High Court on Applicability of Section 14A to Deductions under Section 80P(2)(d) and Distinction Between Exemption and Deduction under Income Tax Act, 1961
Facts of the Case
The assessee, M/s KRIBHCO, was a cooperative society operating
under the administrative control of the Department of Fertilizers,
Ministry of Agriculture and Cooperation, Government of Ind...
Director of Income Tax vs. Cargill Financial Services Asia Pvt. Ltd. | Delhi High Court on Bill Discounting Charges and TDS Liability under Section 194A of the Income Tax Act
Facts of the CaseCargill Global Trading Pvt. Ltd. had entered into
transactions involving bill discounting arrangements with Cargill Financial
Services Asia Pvt. Ltd. The Assessing Officer treated the bill discounting
...
M/s Lavish Apartment (P.) Ltd. vs Assistant Commissioner of Income Tax – Set-Off of Brought Forward Business Loss Against Rental Income, Hire Charges and Commission Income under Section 72(1) of the Income Tax Act, 1961
Facts of the
Case
The assessee, M/s Lavish Apartment (P.) Ltd., was a private limited
company carrying on business in sale, purchase, leasing and renting of
properties.
For Assessment Year 1995–96, the...
Bharti Gupta Ramola vs. Commissioner of Income Tax: Computation of Holding Period for Capital Assets under Section 2(42A) of the Income Tax Act, 1961
Facts of the Case
The
appellant, Bharti Gupta Ramola, is an individual assessee who earned
income from salary, sources, and capital gains through investments in
mutual fund instruments and securities....
Commissioner of Income Tax vs. M/S Goel Jewellers: Judicial Determination on the Non-Inclusion of Undisclosed Income Surrendered During Survey under Section 133A within 'Business Profits' for Computing Export Deductions under Section 80HHC of the Income Tax Act, 1961
Facts of the Case
Business
Profile: The respondent-assessee, M/S Goel Jewellers,
is a partnership firm engaged in the business of manufacturing and selling
gold jewellery and diamonds both in India (d...
M/s Asian Hotels (North) Ltd. vs Commissioner of Income Tax-I | Section 192 read with Sections 201, 201(1A) & 221 of the Income Tax Act, 1961 | Delhi High Court (ITA 407/2012)
Facts of the
CaseM/s Asian Hotels (North) Ltd. filed an appeal
before the Delhi High Court challenging the applicability of Tax Deduction at
Source (TDS) provisions on tips distributed to employees. The assessee
ques...
Heminder Kumari vs. Deputy Commissioner of Income Tax (and Connected Matters) | Validity of Income Tax Assessment and Liberty to Raise Grounds in Appellate Proceedings
Facts of the Case
Consolidated
Batch of Tax Matters: The case before the High Court of
Delhi did not present an isolated grievance but comprised a heavily
consolidated batch of eight distinct writ pet...
Commissioner of Income Tax vs. The Instalment Supply Limited: Deciding the Genuineness of Sale-and-Leaseback Transactions and Entitlement to 100% Depreciation under Section 32 of the Income Tax Act, 1961
Facts of the Case
Assessee
Business & Return: The assessee, M/s The Instalment Supply
Limited, filed its return of income for the Assessment Year (AY) 1994-95
on November 30, 1994, declaring a tot...
Commissioner of Income Tax vs. Shri Anant Jain – Taxability of Retirement Benefits Received Outside India by a “Not Ordinarily Resident” Assessee under Sections 5(1)(c), 6 & 9(1)(ii) of the Income Tax Act, 1961
Facts of the
CaseThe assessee, Shri Anant Jain, had worked with
Enron Corporation, USA from 1991 till November 1999 and during that period he
was a non-resident Indian. Upon termination of his employment, he received
...