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Director of Income Tax-I vs Ericsson AB | Delhi High Court on Taxability of Software Payments, Royalty and Section 9(1)(vi) Read with Section 195 of the Income Tax Act
Facts of the
CaseEricsson AB, a foreign company, supplied
telecommunication equipment and related software to Indian customers under
various contractual arrangements. The Revenue authorities contended that
considerat...
Schneider Electric India Pvt. Ltd. vs Deputy Commissioner of Income Tax (DCIT), Circle-7(1), New Delhi – Delhi High Court on Extension of Stay Beyond 365 Days in Income Tax Appeals under Article 226
Facts of the
CaseSchneider Electric India Private Limited had filed
an appeal before the Income Tax Appellate Tribunal (ITA No. 937/Del/2014)
challenging an assessment order and the consequent tax demand raised agains...
Director of Income Tax-I vs Ericsson AB | Delhi High Court on Section 133A Survey Material, CIT(A) Powers under Section 251 and Remand of Taxability Issues under India–Sweden DTAA
Facts of the
CaseEricsson AB, a Swedish company and subsidiary of
LME, entered into contracts with Indian telecom service providers during the
period 1995–1997 for supply of telecommunication equipment comprising ha...
Commissioner of Income Tax-II vs N.J. Steels Pvt. Ltd. | Assessment on Amalgamated/Dissolved Company Held Void under Sections 132 & 153C of Income Tax Act | Delhi High Court
Facts of the
Case
Search and seizure proceedings under Section 132 of the Income Tax
Act were conducted against certain individuals and entities on 20.10.2008.
During the search proceedings, the Assessing Offi...
Income Tax Department vs IILM Foundation | Delhi High Court on Cancellation of Section 12A Registration and Scope of Assessing Officer’s Powers under the Income Tax Act
Facts of the Case
The
assessee was granted registration under Section 12A as a charitable
institution.
The
trust was engaged in imparting education through educational institutions.
The
Asse...
Ircon International Ltd. Vs Deputy Commissioner of Income Tax (Delhi High Court) – Whether Assignment of Iraqi Debt Receivables Against Government Compensation Bonds Constitutes Capital Loss or Business Income under Sections 28, 36(1)(vii), 45 & 260A of the Income Tax Act, 1961
Facts of the CaseIrcon International Ltd., engaged in executing project exports
in Iraq, had substantial receivables in US Dollars from the Iraqi Government
for completed contractual works. Due to Iraq’s economic cri...
Commissioner of Income Tax, Delhi Vs. M.M. Aqua Technologies Ltd. – Whether Conversion of Outstanding Interest into Debentures Amounts to Actual Payment under Section 43B of the Income-tax Act, 1961
Facts of the CaseThe assessee, M.M. Aqua Technologies Ltd., was under
substantial financial distress and had accumulated interest liabilities towards
institutional creditors including ICICI, IDBI, and IFCI. The outstan...
Director of Income Tax-I vs Ericsson AB (Delhi High Court) – Remand on Permanent Establishment, Offshore Supply Taxability & Royalty under Sections 9(1)(i), 9(1)(vi), 133A & 251 of the Income Tax Act
Facts of the CaseEricsson AB, a Swedish company, entered into contracts with
Indian telecom service providers for supply of telecom equipment comprising
hardware and software components. The assessee maintained that th...
Director of Income Tax-I vs. Ericsson AB (Delhi High Court) – Taxability of Offshore Supply Contracts, Permanent Establishment (PE), and Scope of CIT(A) Powers under Sections 133A & 251 of the Income-tax Act
Facts of the CaseEricsson AB, a Swedish company, entered into contracts with
Indian telecom operators for supply of telecommunication equipment comprising
hardware and software during 1995–97.For Assessment Year 1997...
Pepsi Foods Pvt. Ltd. (Now Pepsico India Holdings Pvt. Ltd.) & Connected Matters vs Assistant Commissioner of Income Tax & Others | Constitutional Validity of Section 254(2A) Third Proviso – Extension of ITAT Stay Beyond 365 Days under the Income Tax Act, 1961
Facts of the Case
The petitioners, including Pepsi Foods Pvt.
Ltd., Ericsson AB and other connected parties, had pending appeals before
the Income Tax Appellate Tribunal (ITAT).
In those matters, the Tri...