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Director General of Income Tax (Admn.) & Anr. vs Board for Industrial & Financial Reconstruction & Ors. – WP (C) No. 1956 of 2011 – Delhi High Court
Facts of the
Case:
Petitioners: Director General of Income Tax (Admn.) & Anr.,
New Delhi
Respondents: Board for Industrial & Financial
Reconstruction, New Delhi & Ors.
The case primarily in...
Permanent Establishment in India – Assessee vs Commissioner of Income Tax (Revenue) | Delhi High Court Dismisses Appeals Holding PE Finding is a Question of Fact | ITA Nos. 191, 192 & 193 of 2011
Facts of the
CaseThe appeals were filed by the same assessee for
different assessment years before the Delhi High Court. The sole controversy
involved in all the appeals was whether the assessee had a Permanent
Estab...
Commissioner of Income Tax Vs Eli Lilly & Co. India Pvt. Ltd. – Interpretation of Section 154 & 115JA of Income Tax Act, Assessment Year 2000-01 | ITA 97/2009 & ITA 657/2010, Delhi High Court
Facts of the
Case:The appeals pertain to the assessment year 2000-01
where the assessee, Eli Lilly & Co. India Pvt. Ltd., filed Income Tax
Returns showing losses. The losses under normal provisions were higher tha...
Commissioner of Income Tax Vs. Whirlpool of India Ltd. – Allowability of Warranty Provision and Royalty Deduction under Sections 37 and 40(a)(i) of the Income-tax Act, 1961
Facts of the CaseThe assessee, Whirlpool of India Ltd., filed its
return of income for Assessment Year 1996-97 declaring a loss of ₹48.71 crores.
The Assessing Officer completed the assessment under Section 143(3) of...
The Commissioner of Income Tax – XIII vs M/s Mittal Consul & Co., Tushar Stock & Share Brokers (Pvt.) Ltd., and R.K. Mittal | Delhi HC 2011 | Sections 132A, 158BB, 158BC & 158BD
Facts of the
Case:Three separate appeals—ITA No.1277/2007, 572/2008,
and 928/2008—arose from block assessment orders under Chapter XIV-B of the
Income Tax Act. A search and seizure operation was conducted by the E...
The Commissioner of Income Tax – XIII vs M/s Mittal Consul & Co., Tushar Stock & Share Brokers Pvt. Ltd., R.K. Mittal | Delhi High Court | Sections 132A, 158BB, 158BC, 158BD | Validity of Block Assessment Proceedings
Facts of the
CaseThree related appeals arose from separate orders of
the Income Tax Appellate Tribunal (ITAT) concerning the respondents: M/s Mittal
Consul & Co. (MCC), Tushar Stock & Share Brokers Pvt. Ltd. (...
The Commissioner of Income Tax vs M/s Mittal Consul & Co. & Others: Analysis of Validity of Proceedings under Sections 158BC & 158BD of the Income Tax Act
Facts of the
Case:Three separate appeals—ITA No. 1277/2007 (M/s
Mittal Consul & Co.), ITA No. 572/2008 (Tushar Stock & Share
Brokers Pvt. Ltd.), and ITA No. 928/2008 (R.K. Mittal)—arose from
orders of the...
Commissioner of Income Tax vs. Govind Nagar Sugar Limited – ITA No. 164/2008 | Delhi High Court – Unabsorbed Depreciation & Section 32(2) Interpretation
Facts of the
CaseThe appellant, Commissioner of Income Tax,
challenged the order of the Income Tax Appellate Tribunal (ITAT) which allowed
the respondent, Govind Nagar Sugar Limited, to carry forward unabsorbed
depre...
Galileo International Inc. vs Director of Income Tax | Delhi High Court Clarifies Taxability of Permanent Establishment (PE) Income and Deduction of Expenses
Facts of the
Case
The assessee filed appeals relating to different assessment years.
The primary controversy was whether the assessee had a Permanent
Establishment (PE) in India.
The lower authorities, after...
Commissioner of Income Tax vs Eli Lilly & Co. India Pvt. Ltd. – Interpretation of Section 154 & Section 115JA of the Income Tax Act in MAT Computation (ITA 97/2009 & ITA 657/2010)
Facts of the
Case
The assessee, Eli Lilly & Co. India Pvt. Ltd., filed
income tax returns showing losses for the assessment years 2000-01 and
2001-02.
Under normal provisions, losses were higher than...