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Income Tax Officer Vs. Assessee (ITA 1199/2007) – Validity of Section 148 Reassessment Notice Beyond Four Years Without Approval from the Committee on Disputes (COD)
Facts of the Case
The
revenue department initiated reassessment proceedings against the
respondent/assessee by issuing notices under Section 148 of the
Income Tax Act.
These
reassessment noti...
Commissioner of Income Tax vs. M/s Epicurean Hospitality Services Pvt. Ltd. | Delhi High Court | Section 260A Income Tax Act | Expenditure on Renovation of Kitchen in Rented Premises
Facts of the
Case
The assessee, M/s Epicurean Hospitality Services Pvt. Ltd.,
incurred expenditure amounting to ₹5,67,957/- on renovation and repair of
a kitchen operating from rented premises.
The exp...
Commissioner of Income Tax vs. Insilco Ltd. | Delhi High Court Upholds Deletion of Penalty under Section 271(1)(c) Where Issue is Debatable and No Concealment of Income is Established
Facts of the
CaseThe Revenue filed an appeal before the Delhi High
Court under Section 260A of the Income Tax Act, 1961 challenging the order of
the Income Tax Appellate Tribunal (ITAT) dated 10 July 2009 for Assessme...
COMMISSIONER OF INCOME TAX vs. ASSESSEE | DELHI HIGH COURT JUDGMENT ON THE VALIDITY OF REASSESSMENT NOTICES ISSUED UNDER SECTION 148 BEYOND THE FOUR-YEAR LIMITATION PERIOD WITHOUT COMMITTEE ON DISPUTES (COD) APPROVAL
Facts of the CaseThe Income Tax Department (Revenue) initiated reassessment
proceedings against the respondent/assessee. The Assessing Officer issued a
statutory notice for reassessment under Section 148 of the Income ...
South Delhi Apartments Pvt. Ltd. vs. Commissioner of Income Tax [2010] 2010:DHC:4652-DB (Delhi High Court) | Scope of Tribunal's Powers under Section 254 and Validity of Property Transfer under Section 2(47) of the Income-tax Act
Facts of the
Case
The assessee company was engaged in the business of real estate
development and transactions.
The original owner, Shri Baljeet Singh Malhotra, entered into a
collaboration agreement wit...
Commissioner of Income Tax vs. Fidelity Technology India Pvt. Ltd. – Foreign Exchange Fluctuation Loss Allowable as Deduction under Section 37(1) of the Income Tax Act, 1961 | Delhi High Court
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income Tax Act, 1961 challenging the order of the Income Tax Appellate
Tribunal dated 22 August 2008 pertaining to Assessment Year 2003-04.The Ass...
Commissioner of Income Tax v. Modi Industries Limited [(2010) Delhi High Court] – Eligibility of Deduction under Section 80J, Taxability of Excess Levy Sugar Realisation, Applicability of Section 40A(5), and Initial Depreciation on Residential Quarters
Facts of the Case
The assessee, Modi Industries Limited, claimed various deductions
and tax benefits under the Income-tax Act, 1961.
The Revenue disputed:
Non-applicability of Section 40A(5)(c) to salar...
Commissioner of Income Tax vs. Engineers India Ltd. | Reassessment Beyond Four Years Invalid in Absence of Failure to Disclose Material Facts | Section 147, 148, 143(3) & 260A of the Income-tax Act, 1961
Facts of the
Case
Engineers India Ltd. was assessed for Assessment Year 1996-97.
During the original assessment proceedings, the Assessing Officer
issued notices and questionnaires under Section 142(1) of the ...
Commissioner of Income Tax vs. M/s National Hydroelectric Power Corporation Ltd. — Validity of Reassessment Notice Issued Under Section 148 Beyond Four Years When Committee on Disputes (COD) Refuses Permission to Revenue Department to File Appeal
Facts of the CaseThe Income Tax Department initiated reassessment proceedings
against the respondent-assessee. The Assessing Officer issued formal notices
for reassessment under Section 148 of the Income Tax Act. Howev...
Commissioner of Income Tax vs. M/s Jaipur Golden Transport Co. (Regd.) | Delhi High Court | Section 260A & Section 145 of the Income-tax Act, 1961
Facts of the
Case
The Assessing Officer had made various additions and disallowances
during the assessment proceedings for Assessment Year 2003-04.
The assessee challenged the additions before the Commissioner...