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Commissioner of Income Tax-8 vs Sardar Exhibitors Pvt. Ltd. | Penalty under Section 271(1)(c) Cannot Be Imposed for Bona Fide Classification Dispute Between Capital and Revenue Receipt | Delhi High Court
Facts of the
CaseThe respondent assessee, Sardar Exhibitors Pvt.
Ltd., had leased property situated at A-33, Kailash Colony, New Delhi to the
Ministry of Defence through a lease agreement dated 16 September 1985 for a...
Principal Commissioner of Income Tax (Central-1), New Delhi vs Sudhir Sareen | Delhi High Court | NRE Income Addition Not Sustainable Where Assessee Stayed in India for Less Than 182 Days | AY 2003-04 to 2008-09
Facts of the
Case
The Revenue preferred multiple appeals against the ITAT orders
covering Assessment Years 2003-04 to 2008-09.
Two issues had arisen before the Assessing Officer:
Addition on account of N...
Commissioner of Income Tax-XI vs M/s DLF Commercial Project Corporation – Taxability of Advances Received Towards Development Rights and TDS Liability on Reimbursement Expenses under Sections 40(a)(ia), 143(2), 194C & 194J of the Income Tax Act | Delhi High Court
Facts of the
CaseM/s DLF Commercial Project Corporation was engaged
in land development activities for commercial, residential, retail, industrial
parks, information technology parks and SEZ projects.For Assessment Ye...
Commissioner of Income Tax-XI vs M/s DLF Commercial Project Corporation – Delhi High Court on Taxability of Advances for Development Rights and TDS on Reimbursement Expenses under Sections 40(a)(ia) & 194C of the Income Tax Act
Facts of the
CaseThe assessee was engaged in the business of
development of land and acquisition of development rights from land-owning
companies.During assessment proceedings, the Assessing
Officer observed that sub...
Commissioner of Income Tax-II & Commissioner of Income Tax vs JCB India Ltd. – Delhi High Court on Development Charges as Revenue Expenditure, Capital vs Revenue Expenditure and Rule of Consistency | AY 2007-08 & 2008-09
Facts of the
CaseJCB India Ltd. claimed development charges as
revenue expenditure in its returns for AY 2007-08 and AY 2008-09. The Assessing
Officer treated such expenditure as capital expenditure on the basis that ...
HCL Technologies Limited vs Deputy Commissioner of Income Tax & Another – Reassessment under Sections 147/148 Beyond Four Years Held Invalid in Absence of Failure to Disclose Material Facts | Delhi High Court
Facts of the
CaseHCL Technologies Limited claimed software licence
fee expenditure amounting to approximately Rs. 31.69 crores as revenue
expenditure for Assessment Year 2006–07. During the original assessment
proc...
Pr. Commissioner of Income Tax (Central)-I vs Nageshwar Investment Ltd. | Section 153C of Income Tax Act – Interpretation of “Belongs To” for Hard Copy and Hard Disk Documents | Delhi High Court
Facts of the
CaseThe Income Tax Appellate Tribunal passed a common
order dated 28 November 2014 concerning Assessment Years 2005-06, 2006-07,
2007-08 and 2008-09. While deciding the appeals, the Tribunal relied upon t...
Commissioner of Income Tax, Central-III vs PACL India Limited | Delhi High Court on Disallowance of Land Development Expenditure under Sections 143(3) & 260A of the Income Tax Act
Facts of the
CasePACL India Limited was engaged in the business of
development and sale of agricultural land. The company purchased agricultural
land, developed it through contractors, and thereafter sold it as develo...
Commissioner of Income Tax Delhi-21 vs Om Prakash Khaitan | Delhi High Court on Taxability of Client Advances Received by Lawyers and Disallowance under Section 14A of Income Tax Act
Facts of the
CaseThe assessee, Om Prakash Khaitan, proprietor of M/s
O.P. Khaitan & Company, was engaged in legal practice as a solicitor and
advocate and had consistently followed the cash system of accounting si...
Mool Chand Khairati Ram Trust vs Director of Income Tax (Exemptions) – Delhi High Court | Exemption under Sections 11, 12 & 12A for Charitable Trust Running Integrated Ayurvedic and Allopathic Hospital
Facts of the
Case
Mool Chand Khairati Ram Trust was created under a Will executed by
Late Lala Khairati Ram.
The principal objects of the trust included:
Promotion and teaching of Sanskrit;
Improvemen...