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Kulbhushan Arora vs. Commissioner of Income TaxAssessment Re-opening Under Section 147/148: Delhi High Court Grants Liberty to Withdraw Writ Petition and Approach CIT(A) with Condensation of Delay
Facts
of the Case·
The Petitioner, Kulbhushan Arora, filed
a writ petition under Article 226 of the Constitution of India challenging the
Assessment Order (Annexure A-...
Commissioner of Income Tax VI Vs. M/S TKJ Marketing Group Pvt. Ltd.: Effect of Subsequent Assessing Officer Orders on Remand Appeals Before High Court
Facts
of the CaseThe Revenue (Commissioner of Income
Tax VI) filed an appeal (ITA 164/2003) before the High Court of Delhi
challenging an order passed by the Income Tax Appellate Tribunal (ITAT). The
Tribunal had rem...
Commissioner of Income Tax vs. M/s Shri Shyam Sales: High Court Ruling on Block Assessment Statutory Limitation Period Under Section 158BE and Why Departmental Restraint Orders Cannot Be Equated with Fresh Search Authorizations Based on Last Executed Panchnama Record
Facts of the Case
Nature
of Appeal: The Revenue (Income Tax Department)
preferred appeals against an order passed by the Income Tax Appellate
Tribunal (ITAT), Delhi Bench, in IT (SS) No. 141/Del/97 on...
Rajesh Goyal vs Income Tax Settlement Commission – Whether Settlement Commission Can Reopen Final Settlement Order Under Section 154 of the Income-tax Act, 1961
Facts of the CaseThe petitioner, Rajesh Goyal, had approached the Income Tax
Settlement Commission by filing an application under Section 245C of the
Income-tax Act, 1961. The Settlement Commission passed a final settl...
Commissioner of Income Tax, Delhi-VIII vs. M/s. SAE Head Office Monthly Paid Employees Welfare Trust (With Connected Income Tax Appeals): On Whether Trustees of a Representative Discretionary Trust Hold the Legal Status of an 'Individual' for Income Tax Computation and Eligibility of Deductions Under Section 80L and Section 112, or Are Taxable at the Maximum Marginal Rate as an 'Association of Persons' Under Section 164(1) of the Income Tax Act, 1961
Facts of the CaseThe assessee, M/s. SAE Head Office Monthly Paid Employees
Welfare Trust, filed its return of income for the Assessment Year 1995-96,
declaring a total income that predominantly comprised long-term capi...
CIT vs. M/s India Lease Development Ltd: Scope of Depreciation on Leased Assets Unresolved Under Section 32 of Income Tax Act
Facts
of the CaseThe Commissioner of Income Tax
(Petitioner) filed an appeal (ITA 507/2003) before the Hon’ble High
Court of Delhi against M/s India Lease Development Ltd (Respondent). The case
pertains to the Asse...
Surjit Dhingra vs Income Tax Settlement Commission (Delhi High Court) – Whether the Settlement Commission Can Rectify a Final Settlement Order Under Section 154 of the Income-tax Act After Becoming Functus Officio | Sections 154, 245D, 245F & 245I of the Income-tax Act, 1961
Facts of the CaseThe petitioners had approached the Income Tax Settlement
Commission in 1994 by filing settlement applications under Section 245C of the
Income-tax Act, 1961. The Settlement Commission initially passed ...
Income-Tax Appeal Judgement: Commissioner of Income-Tax, Delhi-VIII vs. M/s SAE Head Office Monthly Paid Employees Welfare Trust (with Connected Matters) — On the Status of Discretionary Trust Trustees as an 'Individual' for Section 80L and Section 112 Computations Prior to the Application of Maximum Marginal Rate under Section 164(1)
Facts of the CaseThe Revenue preferred multiple appeals under Section 260A of
the Income Tax Act, 1961 against the common order of the Income Tax Appellate
Tribunal (ITAT) for the Assessment Year 1995-96. The assesseeâ...
M/s Pawha Builders Pvt. Ltd. vs. Commissioner of Income Tax: Scope of Ownership and Rent Apportionment Under Section 22 of the Income Tax Act
.Facts
of the Case·
The Parties: The appellant/assessee is M/s Pawha Builders Pvt.
Ltd. (the Builder), and the respondent is the Commissioner of Income Tax.· &nbs...
M/s J.K. Synthetics Ltd. vs Commissioner of Income Tax (Central)-I, New Delhi – Landmark Delhi High Court Ruling on Waiver and Reduction of Interest under Section 215(4) of the Income-tax Act, 1961 and Rule 40(1) of the Income-tax Rules, 1962 Where Assessment Delay Exceeds One Year and Is Not Attributable to the Assessee
Facts of the CaseThe petitioner, M/s J.K. Synthetics Ltd., a public limited
multi-unit company engaged in the manufacture of yarn, cement and other
products, filed its return of income for Assessment Year 1975-76 on 1 ...