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TDS Credit Cannot Be Denied to NRI Seller for Deductor’s Use of Wrong Form; Revenue Directed to Correct Records and Grant Refund – Parag Keshav Bopardikar vs. ITO (Delhi High Court)
Facts of the CaseThe petitioner, Parag Keshav Bopardikar, a
Non-Resident Indian and tax resident of the United States of America, filed a
writ petition challenging various communications and actions of the Income Tax
...
Refund Cannot Be Withheld Where Rectified Return Was Never Declared Invalid; Revenue Directed to Process Refund for AY 2016–17 – Mukesh Garg vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Mukesh Garg, filed a writ petition
seeking a direction to the Revenue to process his return of income for
Assessment Year 2016–17 and grant refund of ₹1,16,94,870/- along with statu...
Section 149(1)(c) Cannot Revive Time-Barred Reassessment Notices Even in Foreign Asset Cases; Notices Beyond Original Limitation Quashed – K.S. Dhingra vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, K.S. Dhingra, filed writ petitions
challenging notices issued under Section 148 of the Income-tax Act, 1961
seeking to reopen concluded assessments for Assessment Years 1997–98 and
2...
Reassessment for AY 2013–14 Barred by Limitation Where Escaped Income Below ₹50 Lakhs; Section 148 Notice Quashed in Alleged Penny Stock Case – Manjeet Kaur Duggal vs. ITO (Delhi High Court)
Facts of the CaseThe petitioner, Manjeet Kaur Duggal, filed a writ
petition challenging the order dated 15.07.2022 passed under Section 148A(d) of
the Income-tax Act, 1961 and the consequential notice dated 15.07.2022 ...
Reassessment and Assessment Orders Issued in Name of Deceased Assessee Are Void Ab Initio; Jurisdiction Fails in Absence of Valid Section 148 Notice – Laxmi Devi (Deceased) vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Narendra Mann, legal heir of the
deceased assessee Laxmi Devi, filed a writ petition challenging the assessment
order dated 30.03.2022 and the consequential demand notice issued for
As...
Reassessment for AY 2015–16 Issued After 1 April 2021 Liable to Be Dropped Following Revenue Concession in Rajeev Bansal; Section 148 Notice Quashed – Kum Kum Kohli vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Kum Kum Kohli, an individual
assessee, filed a writ petition impugning the order dated 23.07.2022 passed
under Section 148A(d) of the Income-tax Act, 1961 and the consequential notice
...
Reassessment for AY 2015–16 Issued After 1 April 2021 Liable to Be Dropped in View of Revenue Concession in Rajeev Bansal; Section 148 Notice Quashed – Kirti Kumar Dawar vs. ITO (Delhi High Court)
Facts of the CaseThe petitioner, Kirti Kumar Dawar, an individual
assessee, filed a writ petition challenging the order dated 28.07.2022 passed
under Section 148A(d) of the Income-tax Act, 1961 and the consequential no...
Section 149(1)(c) Cannot Revive Time-Barred Reassessment; Notices Beyond Original Limitation Quashed – K.S. Dhingra vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, K.S. Dhingra, filed writ petitions
challenging notices issued under Section 148 of the Income-tax Act, 1961
seeking to reopen concluded assessments for Assessment Years 1997–98 and
2...
Acquittal under Sections 276B and 278B Upheld Where Reasonable Cause for Delay in TDS Deposit Established under Section 278AA – ITO vs. MKY Constructions Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe Income Tax Department filed three criminal
leave petitions challenging a common judgment dated 28.10.2021 passed by the
Trial Court acquitting MKY Constructions Private Limited (formerly Action
Br...
Reassessment for AY 2015–16 Issued After 1 April 2021 Liable to Be Dropped in View of Revenue Concession in Rajeev Bansal; Section 148 Notice Quashed – Gain Capital Pvt. Ltd. vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Gain Capital Private Limited,
filed a writ petition impugning the order dated 25.07.2022 passed under Section
148A(d) of the Income-tax Act, 1961 and the consequential notice dated
27....