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Commissioner of Income Tax vs. Morgan Securities and Credits Pvt. Ltd. & Autometers Ltd. (In re: ITA No. 195/2009) – Applicability of Section 145 and Binding Nature of Division Bench Precedents on Revenue Assessment
Facts of the CaseThe Appellant Revenue (Income Tax Department) preferred a
statutory tax appeal docketed as ITA No. 195/2009 along with a
procedural application CM No. 2050/2009 before the High Court of Delhi.
The dis...
Digember Jain Society for Child Welfare vs. Director General of Income Tax (Exemptions) | Exemption under Section 10(23C)(vi) Cannot Be Denied on Mere Apprehension of Future Non-Educational Activities | Delhi High Court
Facts of the Case
The
Petitioner, Digember Jain Society for Child Welfare (Regd.), was
established in 1969 and registered under the Societies Registration Act,
1860.
Since
its inception, the ...
Commissioner of Income Tax, Delhi-I vs. Banaras House Limited | Whether Non-Compete Fee is a Capital Receipt and Whether Revision under Section 263 Can Be Invoked When the Assessing Officer Has Taken a Plausible View
Facts of the CaseThe case relates to the assessment year 2002-03.
The respondent/assessee was engaged in marketing diesel generator sets
manufactured by M/s. Wartsila Corporation of Helsinki, Finland. The assessee
and...
Nokia India Pvt. Ltd. vs Income Tax Officer (Delhi High Court) – Cellular Handsets Issued to Dealers, Capital vs Revenue Expenditure, Depreciation on Marketing Assets, Provision for Obsolescence & Remand to ITAT under Section 260A of the Income-tax Act
Facts of the CaseThe assessee, Nokia India Pvt. Ltd., filed income
tax returns for Assessment Years 2000-01 and 2001-02. The cases were selected
for scrutiny and notices were issued under Section 142 of the Income-tax ...
Commissioner of Income Tax vs. Assessee Tax Effect Below Monetary Threshold Limits for Filing Appeals Before the High Court under Section 260A of the Income Tax Act, 1961
Facts of the CaseThe Revenue preferred a series of interconnected
income tax appeals (ITA No. 962/2009, ITA No. 963/2009, ITA No. 993/2009, and
ITA No. 1004/2009) alongside miscellaneous applications before the Hon’b...
Commissioner of Income Tax vs. [Respondent Name] | Tax Effect Below Monitory Limits & Concurrent Findings of Fact under Section 260A of the Income Tax Act, 1961
Facts of the CaseThe Appellant (Revenue) preferred multiple Income
Tax Appeals (ITA No. 962/2009, ITA No. 963/2009, ITA No. 993/2009, and ITA No.
1004/2009 along with connected Civil Miscellaneous applications) before ...
Petitioner vs Assistant Commissioner of Income Tax & Anr. – Adjustment of Income Tax Refund Against Subsequent Assessment Demand Pending Stay Application | Delhi High Court
Facts of the CaseThe Income Tax Appellate Tribunal (ITAT), by its
order dated 23.09.2008, decided appeals relating to Assessment Years 2002-03
and 2003-04 in favour of the assessee. Consequently, substantial refund amo...
Commissioner of Income Tax vs Assessee – Delhi High Court Dismisses Revenue Appeals Due to Low Tax Effect and Concurrent Findings of Fact | ITA Nos. 962/2009, 963/2009, 993/2009 & 1004/2009
Facts of the CaseThe Revenue preferred multiple Income Tax Appeals
before the Delhi High Court challenging the orders passed by the Income Tax
Appellate Tribunal. During the hearing, it was brought to the notice of the...
Nokia India Pvt. Ltd. v. Income Tax Officer | Delhi High Court on Marketing Expenditure, Depreciation on Cellular Handsets, Inventory Obsolescence and Remand of Non-Speaking ITAT Order under the Income-tax Act, 1961
Facts of the CaseNokia India Pvt. Ltd. filed income tax returns for
Assessment Years 2000-01 and 2001-02. The cases were selected for scrutiny and
notices were issued under Section 142 of the Income-tax Act. Assessment...
Commissioner of Income Tax vs. Assessee – Penalty Proceedings Cannot Survive After Deletion of Quantum Addition under Section 271(1)(c) of the Income-tax Act, 1961 | Delhi High Court
Facts of the Case
The
Assessing Officer made certain additions during assessment proceedings.
Based
on those additions, penalty proceedings were initiated against the
assessee.
The
Income Ta...