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Section 197 Withholding Certificate Based Solely on Set-Aside Assessment Orders Unsustainable: ITAT Order on Non-Existence of DAPE Binding – Zscaler Inc. vs. DCIT (Delhi High Court)
Facts of the CaseThe petitioner, Zscaler Inc., a company incorporated in the
United States of America, is engaged in providing cloud-based software
solutions to customers in India through resellers and its Indian subsi...
Section 14A Disallowance Cannot Exceed Exempt Income; Finance Act 2022 Amendment Held Prospective – PCIT (Central)-1 vs. R.J. Corp. Ltd. (Delhi HC)
Facts of the CaseThe Revenue filed an appeal under Section 260A of the
Income-tax Act, 1961 challenging the order dated 25.08.2022 passed by the
Income Tax Appellate Tribunal, whereby the Tribunal allowed the assessee...
Foreign Exchange Gain/Loss to Be Treated as Operating Item; Exclusion of Brand-Driven and Functionally Dissimilar Comparables Upheld – PCIT-7 vs. Steria India Pvt. Ltd. (Delhi HC)
Facts of the CaseThe Revenue filed an appeal under Section 260A of the
Income-tax Act, 1961 challenging the order dated 17.11.2020 passed by the
Income Tax Appellate Tribunal, New Delhi, for Assessment Years 2010-11 an...
Reassessment for AY 2014–15 Quashed as Time-Barred Applying Ashish Agarwal and Rajeev Bansal: Entire Proceedings Set Aside – Manisha Agarwal vs. ITO (Delhi High Court)
Facts
of the CaseThe
petitioner, Manisha Agarwal, challenged the notice dated 08.06.2021 deemed to
be a show cause notice under Section 148A(b), the subsequent notices dated
18.05.2022, the order dated 25.07.2022 pas...
Reassessment Proceedings Quashed for Absence of Jurisdictional Facts and Non-Application of Mind under Section 148A – Subodh Kant Sahay (HUF) vs. ITO Ward 28(1) (Delhi HC)
Facts of the CaseThe petitioner, Subodh Kant Sahay (HUF), challenged the
reassessment proceedings initiated for the relevant assessment year pursuant to
a notice issued under Section 148A(b) of the Income-tax Act, 1961...
Directors Cannot Be Prosecuted Without Arraigning Company as Accused under Section 278B: Criminal Complaints Quashed – Nilesh Agarwal vs. ITO (Delhi High Court)
Facts
of the CaseThe
petitions were filed by Nilesh Agarwal and Rakesh Agarwal seeking quashing of
Complaint Case Nos. 3067/2020 and 3068/2020 titled “ITO v. Nilesh Agarwal” and
“ITO v. Rakesh Agarwal”, along...
Mechanical Approval under Section 153D Invalid: Mass Approval of 246 Search Assessments Set Aside – PCIT vs. Believe Constructions Pvt. Ltd. (Delhi High Court)
Facts
of the CaseThe
Revenue filed an appeal under Section 260A of the Income-tax Act, 1961
challenging the common order dated 08.02.2023 passed by the Income Tax
Appellate Tribunal in ITA No. 3084/Del/2016 and CO No...
Draft Assessment Order Passed on Amalgamated Non-Existent Company Held Void Ab Initio; Liberty Granted to Proceed Against Successor – SMS India Pvt. Ltd. vs. Assessment Unit (Delhi HC)
Facts of the CaseThe petitioner, SMS India Private Limited, approached the
Delhi High Court challenging a draft assessment order dated 05.03.2025 issued
under Section 144C(1) of the Income-tax Act, 1961 for Assessment ...
Settlement Applications Filed Between 01.02.2021 and 31.03.2021 Held Valid: Interim Board Directed to Adjudicate – Megha Engineering and Infrastructure Ltd. vs. ITSC (Delhi High Court)
Facts
of the CaseThe
petitioners, Megha Engineering and Infrastructure Ltd. and Western UP Power
Transmission Co. Ltd., were subjected to search and seizure operations in
October 2019. Pursuant thereto, notices under...
Jewellery Addition under Section 69B Set Aside for Lack of Jurisdictional Satisfaction; Matter Remanded to ITAT – Rekha Khaitan vs. DCIT (Delhi HC)
Facts of the CaseA search and seizure action under Section 132 of the
Income-tax Act, 1961 was conducted on 19.01.2019 in the Gautam Khaitan group.
The appellant, Rekha Khaitan, widow of late O.P. Khaitan and mother of...