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Section 263 Revisionary Powers Cannot Substitute AO’s Plausible View: Delhi HC in CIT vs. M/S. Garg Cheap Cut Piece House
Facts of the Case
Business
and Survey: The Respondent (Assessee) is a partnership
firm engaged in the business of textiles and garments sale. A survey under
Section 133A of the Income Tax Act, 1961 wa...
Commissioner of Income Tax Delhi-XVI vs. Ram Gopal: Scope of "Capital Asset" under Section 2(14) and Deductibility of Improvement Expenses under Section 54
Facts of the Case
The
assessee reported the sale of two capital assets during the Assessment
Year (AY) 2009-10: a half share in a residential property at Marine Drive,
Mumbai, and a half share in a pr...
Deemed Dividend and Limitation Bars Under Sections 2(22)(e) and 201: Commissioner of Income Tax (TDS)-I vs. C.J. International Hotels Pvt.
Facts of the CaseThe corporate assessee, M/s C.J. International Hotels Pvt.
Ltd., advanced certain loan amounts to an individual, Ms. Harjit Kaur. Ms.
Harjit Kaur was a shareholder in another corporate entity, M/s Pure...
Income Tax Rules on TDS Limitation and Deemed Dividends Under Section 201 and Section 2(22)(e): Commissioner of Income Tax (TDS)-I v. C.J. International Hotels Pvt.
Facts of the Case
The
Parties: The Revenue (represented by the Commissioner
of Income Tax (TDS)-I) filed sequential appeals challenging the relief
given to the corporate respondent, M/s C.J. Internati...
COMMISSIONER OF INCOME TAX-XIV vs. VIVEK AGGARWAL (Under Section 132(4A) and Section 153A of the Income Tax Act, 1961)
Facts of the Case
A
search and seizure operation under Section 132 of the Income Tax Act, 1961
was conducted on the premises of the assessee on February 28, 2007.
Following
the search, a notice und...
Tulip Engineering Pvt. Ltd. vs. ITO: Scope of Reassessment under Section 147 and the Curative Impact of Section 292BB on Missing Section 143(2) Notices
Facts of the CaseFor the Assessment Year (AY) 2008-09, the appellant-assessee,
M/s Tulip Engineering Pvt. Ltd., reported a total income of Rs. 444/-, which
was initially processed under Section 143(1). Following an inv...
Commissioner of Income Tax-XIV v. Vivek Aggarwal: Scope of High Court Appeals under Section 260A of the Income Tax Act
Facts of the Case
Nature
of the Appeals: The Revenue (represented by the Commissioner of Income
Tax-XIV) instituted a cluster of six separate income tax appeals against
the respondent-assessee, Vivek ...
Commissioner of Income Tax (TDS)-I vs. C.J. International Hotels Pvt. Ltd.: Adjudication on TDS Liability and Interconnected Tax Appeals under Section 194 and Section 201 of the Income Tax Act, 1961
Facts of the CaseThe Appellant, the Revenue department via the Commissioner of
Income Tax (TDS)-I, approached the High Court of Delhi by filing two
interconnected income tax appeals (ITA No. 67/2015 and ITA No. 68/2015...
Commissioner of Income Tax-XIV versus Vivek Aggarwal: Operational Primacy of Judicial Consistency and Binding Precedents in Batch Assessment Appeals under Section 260A of the Income Tax Act, 1961
Facts of the CaseThe controversy traces its genesis to an extensive batch of
Income Tax Appeals—specifically registered as ITA Nos. 67/2014, 68/2014,
69/2014, 75/2014, 76/2014, and 77/2014 —instituted by the Revenu...
Commissioner of Income Tax-XIV vs. Vivek Aggarwal: Unexplained Income Deletions and Loose Paper Additions under Section 132(4A) and Section 143(3) of Income Tax Act
Facts of the Case
The
Revenue preferred appeals against the order of the Income Tax Appellate
Tribunal (ITAT) which had concurrently favored the assessee, Vivek
Aggarwal.
The
dispute ori...