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Anuradha Sethi vs Commissioner of Income Tax (Appeals), Delhi-4 (2020:DHC:3833-DB) – Delay in Disposal of Stay Application by CIT(A)
Facts of the
CaseThe Petitioner, Anuradha Sethi, filed appeals along
with applications for stay of demand before the Commissioner of Income
Tax (Appeals) [CIT(A)]. These applications had been pending since 30
Septemb...
Anuradha Sethi vs Commissioner of Income Tax (Appeals), Delhi-4 (2020) – Writ Jurisdiction under Articles 226/227 of Constitution | Delay in Disposal of Stay Application under Income Tax Act
Facts of the
CaseThe Petitioner had filed appeals along with stay
applications before the Commissioner of Income Tax (Appeals) [CIT(A)].
These applications remained pending since 30 September 2019 without
adjudicatio...
Commissioner of Income Tax (Exemption) vs Tata Community Initiatives Trust (Delhi High Court, 2020) – Scope of Section 12AA Registration & Powers of CIT(E)
Facts of the
CaseThe appeal was filed by the Commissioner of Income
Tax (Exemption) against the order of the Income Tax Appellate Tribunal dated 29
January 2019. The Tribunal directed that the respondent trust be gran...
Commissioner of Income Tax vs Sant Lal (Delhi High Court, 2020) – Addition under Sections 147/148/69A based on Third-Party Seized Documents Held Unsustainable
Facts of the
CaseThe respondent-assessee filed income tax return
declaring income of ₹2,91,670 for AY 2002–03. A search under Section 132 was
conducted in the case of Brij Mohan Gupta Group, where certain diaries ...
PR. Commissioner of Income Tax, Delhi-2 vs M/s BSES Yamuna Power Ltd. (2020) – Delhi High Court | Section 260A | Depreciation on Energy Meters @80% | Scope of Remand Proceedings
Facts of the
CaseThe present appeal was filed by the Revenue under Section
260A of the Income-tax Act, 1961 challenging the order of the Income Tax
Appellate Tribunal (ITAT) dated 25.03.2019 for Assessment Year 2006-0...
Agilent Technologies India Pvt. Ltd. vs Assistant Commissioner of Income Tax, Circle 1(2), New Delhi & Anr. (Delhi High Court, 2020) – Refund Withholding Held Arbitrary; Direction for Immediate Release with Interest
Facts of the
CaseThe petitioner, Agilent Technologies India
Private Limited, filed a writ petition seeking refund of ₹5,10,11,118,
comprising:
₹3,75,08,175 (principal refund), and
₹1,35,02,943 (interest cal...
Paradigm Geophysical Pty Ltd. vs Commissioner of Income Tax (International Taxation)-3, New Delhi (2020:DHC:1676-DB)
Facts of the
CaseThe petitioner, Paradigm Geophysical Pty Ltd., an
Australian tax resident company, provided customized software solutions and
maintenance services to the oil and gas industry for seismic analysis and
...
Agilent Technologies India Pvt. Ltd. vs Assistant Commissioner of Income Tax, Circle 1(2), New Delhi & Anr. (2020:DHC:1700-DB) – Refund with Interest Directed by Delhi High Court under Income Tax Law
Facts of the
CaseThe present writ petition was filed by the
petitioner seeking refund of ₹1,27,09,392/-, which included the
principal refund amount of ₹64,63,043/- along with accrued interest of ₹62,46,348/-
ca...
PR. Commissioner of Income Tax-9 vs Valvoline Cummins Pvt. Ltd. | Delhi High Court (2020) | Section 260A | AMP Expenses & Transfer Pricing – No International Transaction Without Evidence
Facts of the
CaseThe appeal was filed by the Revenue under Section
260A of the Income Tax Act, 1961 challenging the order of the Income Tax
Appellate Tribunal (ITAT) dated 26 November 2018. The dispute related to the
...
Agilent Technologies India Pvt. Ltd. vs Assistant Commissioner of Income Tax, Circle 1(2), New Delhi & Anr. (Delhi High Court, 2020) – Refund Withholding Held Unjustified, Direction for Immediate Release with Interest
Facts of the
CaseThe petitioner, Agilent Technologies India Private
Limited, filed the present writ petition seeking refund of ₹4,62,93,053/- for
Assessment Year 2008–09. The amount comprised ₹2,91,93,395/- as p...