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Commissioner of Income Tax vs Transport Assessee (ITA No. 1070/2009) – Delhi High Court Upholds Business Expediency in Freight Transport Operations under Section 143(1) of the Income Tax Act, 1961
Facts of the
CaseThe assessee, engaged in the transport business,
filed the return of income for Assessment Year 2003-04 declaring total income
of Rs. 21,41,987/-. During assessment proceedings, the Assessing Officer ...
Atul Babbar, Advocate v. Sonia Mathur, Advocate (In re: Dismissal of Writ Petition as Withdrawn under Article 226 of the Constitution of India)
Facts
of the CaseThe petitioner instituted the Writ
Petition (Civil) No. 8870/2009 before the Division Bench of the High Court of
Delhi. When the matter was called for a regular hearing on July 16, 2009, the
petition...
Commissioner of Income Tax vs. Moving Picture Company (India) Ltd.: Scope of Section 194J vs. Section 194H Regarding TV Serial Rights Acquisition and Trade Discounts to Advertising Agencies
Facts of the Case
Assessee's
Business Operations: The assessee, Moving Picture Company
(India) Ltd., entered into financial transactions spanning Assessment
Years 2000-01 and 2001-02.
Transaction
...
The Commissioner of Income Tax Vs. Moving Picture Company (India) Ltd. – Scope of TDS under Section 194J on Production Cost of Television Serials and Applicability of Section 194H on Trade Discounts Retained by Advertising Agencies
Facts of the Case
The
Assessee, Moving Picture Company (India) Ltd., made payments to its
subsidiary, TVAM (India) Pvt. Ltd., representing the cost of production
(plus a 7.5% profit margin) for a tele...
CIT v. Assessee (ITA No. 63/2009) | Section 271(1)(c) vs Section 80-O / 80AB | Claiming Deduction on Gross Foreign Exchange Receipts vs Net Income – Bonafide Misinterpretation Not Amounting to Concealment or Furnishing Inaccurate Particulars of Income
Facts of the Case·
The assessee filed a return declaring an income of ₹3,06,720. ·
The Assessment Officer (AO) complet...
M/s Ester Industries Ltd. vs. CIT, Delhi-IV | Principles of Natural Justice in Tax Assessments: Why Voluntary Admission in Returns is Not Conclusive Proof of Tax Liability & Cannot Substitute independent Application of Mind by Assessing Officer – Relying on SC Pullangode Rubber Precedent
FACTS OF THE CASE
The
Appellant-Assessee, M/s Ester Industries Limited, filed appeals
under Section 260A of the Income Tax Act, 1961, contesting a common
judgment dated December 22, 2006, passed by th...
Commissioner of Income Tax vs Same Assessee – Delhi High Court Dismisses Revenue’s Appeal Following Earlier Decision in Assessee’s Favour | ITA No. 1030/2009
Facts of the CaseThe Revenue filed the
present appeal before the Delhi High Court in ITA No. 1030/2009. During the
hearing, it was brought to the Court’s notice that an identical issue had
already been raised and de...
M/s Soul vs. Deputy Commissioner of Income Tax & Valvoline Cummins Limited Context | [Petitioner Name] vs. Income Tax Department | Writ Petition (Civil) No. 7373 of 2009 | Stay of High-Pitched Income Tax Demand Under Section 220(6) of the Income Tax Act, 1961: Delhi High Court Directs Conditional Stay and Fresh Consideration in Light of Valvoline Cummins and M/s Soul Judgments
Facts of the Case
The
petitioner approached the Hon’ble Delhi High Court via a Writ Petition
WP(C) No. 7373/2009 challenging an impugned order that denied a complete
stay on an outstanding income ta...
Ester Industries Limited v. Commissioner of Income Tax, Delhi-IV: High Court Directs ITAT to Re-hear Matter on Mechanical Additions and Non-Conclusiveness of Admissions in Tax Returns Without Reasonable Opportunity of Hearing
Facts of the Case
The
appellant-assessee (Ester Industries Limited) filed appeals under Section
260A of the Income Tax Act, 1961 against a common order passed by the
Income Tax Appellate Tribunal (ITA...
Commissioner of Income Tax v. [Assessee] – Whether Transfer of DSIDC Plot Through Prior Agreement to Sell Can Be Treated as a Deemed Gift under Section 4(1)(a) of the Gift Tax Act, 1958 | Delhi High Court
Facts of the
CaseThe assessee was allotted a plot of land by the
Delhi State Government Industrial Development Corporation (DSIDC) in the year
1991.Immediately thereafter, the assessee entered into
an Agreement to Se...