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Ester Industries Ltd. vs Commissioner of Income Tax – Delhi High Court Clarifies Bar on Raising Fresh MAT Computation Challenges at Appellate Stage under Sections 115JA and 115JAA of the Income Tax Act
Facts of the CaseThe assessee, Ester Industries Ltd., filed its
return of income for Assessment Year 1997–98 declaring nil taxable income under
the normal provisions of the Income Tax Act. The assessee did not comput...
Ester Industries Limited vs Commissioner of Income Tax Delhi-IV | Whether MAT under Section 115JA Can Be Imposed Through Prima Facie Adjustment under Section 143(1)(a) – Delhi High Court
FACTS OF THE
CASE
The assessee company filed its return for Assessment Year 1998–99
declaring "Nil" income and specifically stated that provisions
of Section 115JA relating to MAT were not applicable.
...
Delhi HC in CIT vs. Kuldeep Sood: Rule of Consistency Prevails; No Block Assessment Addition u/s 158BC for Income Already Declared u/s 139(1) by Spouse
Facts of the
Case:1. 1.
The
Search Action: A search
and seizure operation was conducted by the Income Tax Department on both the
business and residential premis...
Commissioner of Income Tax-XVI vs Yoshio Kubo & Connected Matters – Taxability of Employer-Borne Taxes, Social Security Contributions, Hypothetical Tax and Non-Monetary Perquisites under Sections 10(10CC), 17(2) & 195A of the Income Tax Act, 1961
Facts of the
CaseThe appeals involved expatriate employees working
in India whose employers implemented tax equalization arrangements. Under these
arrangements, employers assumed the actual Indian tax burden while ded...
Delhi HC in Maruti Suzuki: Coercive Recovery Barred; ITAT Cannot Ignore Prima Facie Case While Granting Stay of Demand u/s 220(6)
Facts of the
CaseThe writ petition challenged the order dated
11.01.2013 passed by the Income Tax Appellate Tribunal (ITAT) in Stay No.
310/Del/2012 related to assessment year 2008-09. The petitioner sought a stay
on...
Commissioner of Income Tax vs. Mr. Fumio Goto | Delhi High Court on Taxability of Salary Income of Expatriate Employees and Relief under Section 10(10CC) of the Income Tax Act
Facts of the
Case
The respondents were expatriate employees employed in India by
their respective employers.
Under employment arrangements, the employers had undertaken
liability to bear the employees’...
Commissioner of Income Tax-XIV vs. Mr. Duncan Etherington | Taxability of Salary Income of Foreign Employees and Interpretation of Tax Exemption Provisions under the Income Tax Act – Delhi High Court
Facts of the
Case
The present appeal formed part of a group of connected appeals
filed by the Income Tax Department.
The dispute involved foreign/expatriate employees and the
taxability of employment-rel...
Commissioner of Income Tax vs. Bhushan Capital and Credit Services Ltd – Reassessment Jurisdiction under Section 147 & Short-Term Capital Gains (Assessment Year 1999-2000)
Facts of the
Case
Bhushan Capital and Credit Services Ltd filed its income tax return
for AY 1999-2000, declaring Rs. 5,10,130 as short-term capital gains.
The Assessment Officer (AO) initially processed the r...
Commissioner of Income Tax-XVI vs. Sh. Yoshimitsu Zautsu & Connected Matters – Delhi High Court Clarifies Taxability of Employer-Paid Tax, Social Security, Pension and Non-Monetary Perquisites under Sections 10(10CC) and 17 of the Income Tax Act
Facts of the
CaseThe assessees were expatriate employees deputed or
seconded to work in India by foreign companies and multinational entities.
Under employment arrangements, the employers bore Indian income-tax liabil...
Commissioner of Income Tax: Delhi-VIII vs Ashok Mittal – Set-off of Brought Forward Speculative Losses under Section 73 of the Income Tax Act, 1961
Facts of the
Case:
The assessee, Ashok Mittal, in the return for A.Y. 2000-01, set off
carried forward speculation losses from A.Y. 1998-1999 (75,39,186/-) and A.Y. 1999-2000 (14,43,625/-)
against the curr...