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G.S. Pharmbutor Pvt. Ltd. vs Commissioner of Income Tax-IV & Another (Delhi High Court, 2010) | Reassessment under Sections 147 & 148 – Requirement of Proper Disposal of Objections by Assessing Officer
Facts of the Case
The
petitioner, G.S. Pharmbutor Pvt. Ltd., had undergone regular assessments
under Section 143(3) of the Income-tax Act, 1961 for Assessment Years
2003-04 and 2004-05.
After
...
Commissioner of Income Tax v. M/s. Oracle India Pvt. Ltd. (2011) — Judgment under Section 260A, Section 92, and Section 37(1) of the Income Tax Act
Facts of the CaseThe assessee, M/s. Oracle India Pvt. Ltd., is a 100%
subsidiary of Oracle Corporation, USA. The assessee imports master copies of
software from its parent company, duplicates them onto blank discs, and...
Naresh Behal v. Chief Commissioner of Income Tax, Delhi-VIII & Others [2010] 2010:DHC:11512 (Delhi High Court) – Information Relating to Income Tax Investigation Exempt from Disclosure under Section 24 of the RTI Act
Facts of the Case
The
petitioner, Naresh Behal, was married to Ms. Namrata Behal on 17 January
2000.
Subsequently,
matrimonial disputes arose between the parties.
In
proceedings before the C...
M/s KAS Movie Makers Pvt. Ltd. v. Commissioner of Income Tax-II [2010] 2010:DHC:2124-DB (Delhi High Court) – Deduction under Section 80HHF Denied Where Assessee Rendered Production Services Without Ownership or Export of Film Software
Facts of the Case
The
assessee, M/s KAS Movie Makers Pvt. Ltd., was engaged in providing
professional services to foreign clients for shooting cinematographic
films in India.
For
Assessment Ye...
Director of Income Tax vs. Shree Radha Krishan Charitable Trust: Exemption Under Section 11 & 12 When Time Limit for Disinvestment Under Section 13(1)(d)(iii) Has Not Expired
Facts of the Case
Assessee
Profile: The respondent-assessee is a charitable
trust seeking benefits under the Income Tax Act, 1961.
Assessment
Background: For the Assessment Year (AY) 1992-93, the
...
Haresh Bhai Ashumal Bhai Keshwani & Vijay Kumar Ashumal Keshwani v. Deputy Commissioner of Income Tax [2010] 2010:DHC:12061-DB (Delhi High Court) – Addition on Jewellery and Household Goods in Block Assessment Remanded for Fresh Consideration
Facts of the Case
The
appeals arose from a common order passed by the Income Tax Appellate
Tribunal dated 30.09.2008 in block assessment proceedings.
The
block period covered Assessment Years 1997-9...
Commissioner of Income Tax vs. Moni Kumar Subba – Inclusion of Notional Interest on Interest-Free Security Deposit under Section 23(1) of Income Tax Act 1961
Facts of the Case
The
assessee filed an income tax return for the Assessment Year 2001-02
declaring an income of ₹2,52,510/-.
During
assessment framing under Section 143(1), the Assessing Officer ...
Commissioner of Income Tax-V vs. M/S Pepsico India Holdings (P) Ltd. | Section 37(1) of the Income Tax Act, 1961: Advertising and Marketing Expenditure on Glow Signs and Neon Signs – Revenue Expenditure vs. Capital Expenditure
Facts of the Case
The
case involves multiple assessment years for the same assessee, M/S Pepsico
India Holdings (P) Ltd.
The
primary dispute arose from the advertising and marketing expenditu...
Commissioner of Income Tax vs. Delhi Golf Club Ltd.: Whether Casual Membership / Green Fees Constitute Commercial Business Income under Section 11(4A) for a Charitable Sports Trust
Facts of the Case
Assessee
Status: The respondent/assessee, Delhi Golf Club
Ltd., is a premier sports club established in 1950. Its main objective is
the promotion of the game of golf in India, ...
Commissioner of Income Tax v. M/s Siclair Exports Ltd. [2010] 2010:DHC:2215-DB (Delhi High Court) – Penalty under Section 271(1)(c) Not Leviable Where Claim Was Based on Existing Favourable Judicial Precedents
Facts of the Case
The
assessee claimed deduction under Section 80HHC without reducing
brought-forward losses.
In
the quantum assessment proceedings, the additions made by the Assessing
Officer...