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Rohitasava Chand Versus Commissioner of Income Tax – Taxability of Non-Compete Fee Received Under Restrictive Covenant – Sections 148 and 260A of the Income Tax Act, 1961
Facts of the Case·
The assessee, Mr. Rohitasava Chand, was a
shareholder and Director of IIS Infotech Ltd. He entered into two separate
agreements dated 4 December 1997...
COMMISSIONER OF INCOME TAX Versus M/S EICHER LIMITED : CLASSIFICATION OF NON-COMPETE FEES AS REVENUE EXPENDITURE UNDER SECTION 37
Facts of the Case
The
Assessee, M/s Eicher Limited, employed an individual named Vishwanathan
who possessed specialized technical knowledge regarding the two-wheeler
industry.
Upon
his retire...
M/S NULON INDIA LTD. Versus INCOME TAX OFFICER — VALIDITY OF ASSESSMENT ORDER PASSED IN ABSENCE OF SERVICE OF MANDATORY NOTICE WITHIN THE PRESCRIBED LIMITATION PERIOD UNDER SECTION 143(2)
Facts of the Case
The
Assessee, M/s Nulon India Ltd., filed its return of income for the
Assessment Year 2001-02 on October 31, 2001.
The
Assessing Officer issued a notice under Section 143(2) of t...
M/S NULON INDIA LTD. Versus INCOME TAX OFFICER — VALIDITY OF ASSESSMENT ORDER PASSED IN ABSENCE OF SERVICE OF MANDATORY NOTICE WITHIN THE PRESCRIBED LIMITATION PERIOD UNDER SECTION 143(2)
Facts of the Case
The
Assessee, M/s Nulon India Ltd., filed its statutory return of income for
the Assessment Year 2001-02 on October 31, 2001.
The
Assessing Officer issued a notice under Section 1...
COMMISSIONER OF INCOME TAX Versus MITSUBISHI CORPORATION — LEVY OF PENALTY UNDER SECTION 271C FOR NON-DEDUCTION OF TAX AT SOURCE ON SALARIES PAID TO EXPATRIATE EMPLOYEES UNDER SECTION 192
Facts of the Case·
The Assessee is a non-resident corporate entity
incorporated in Japan, maintaining a liaison office in Delhi, India. The office
employs both local pe...
COMMISSIONER OF INCOME TAX v. M/S MITSUBISHI CORPORATION – DISMISSAL OF REVENUE'S APPEAL WITH EXEMPLARY COSTS PURSUANT TO PRINCIPLES OF FAIRNESS BY PUBLIC AUTHORITIES UNDER THE INCOME TAX ACT, 1961
Facts of the Case
The
Appellant (Commissioner of Income Tax) filed an income tax appeal,
registered as ITA No. 1153 of 2005, against the Respondent, M/s Mitsubishi
Corporation.
The
appeal was...
COMMISSIONER OF INCOME TAX v. M/S MADHSY FILMS PVT. LTD. – VALIDITY OF ASSESSMENT AND LEGAL PRESUMPTION OF SERVICE OF NOTICE WITHIN THE LIMITATION PERIOD UNDER THE INCOME TAX ACT, 1961
Facts of the Case
The
Assessee filed its return of income on October 31, 2001, declaring a loss
of Rs. 8,37,355.
The
Assessing Officer issued a notice under Section 143(2) of the Income Tax
A...
COMMISSIONER OF INCOME TAX VERSUS SAHU CONSTRUCTION PRIVATE LIMITED – ESTIMATION OF NET PROFIT AND DISALLOWANCE OF SEPARATE DEPRECIATION DEDUCTIONS UPON REJECTION OF BOOKS OF ACCOUNT UNDER THE INCOME TAX ACT, 1961
Facts of the Case
The
Assessee’s books of account were rejected by the Assessing Officer during
the assessment proceedings for the relevant assessment years.
Upon
the rejection of the books of acc...
Commissioner Of Income Tax v. M/S Mitsubishi Corporation – Dismissal Of Revenue’s Appeal With Costs Pursuant To The Principle Of Fairness By Public Authorities Under The Income Tax Act, 1961
Facts of the Case
The
Appellant (Revenue) filed an income tax appeal, registered as ITA No. 225
of 2006, against the Respondent, M/s Mitsubishi Corporation.
The
appeal came up for hearing before th...
Commissioner of Income Tax v. Sara International Ltd. – Applicability of Tax Deduction at Source on Trade Facilitation and L/C Transfer Charges as Commission vs Fees for Technical Services under Sections 194-H and 194-J of the Income Tax Act
Facts of the Case·
The Revenue preferred an appeal under Section
260A of the Income Tax Act, 1961, challenging the order dated 2nd December,
2005, passed by the Income ...