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Reassessment Notices Issued by Jurisdictional Assessing Officer Invalid under Faceless Reassessment Scheme – Bishamber Dayal Chander Mohan v. ITO (Ward 58(3)), Delhi High Court
Facts of the CaseThe petitioner challenged multiple reassessment notices issued
under Section 148 of the Income Tax Act, 1961, along with orders passed
under Section 148A(d), all issued by the Jurisdictional Assessing
...
Notice Under Section 143(2) Can Be Issued by Prescribed Income-Tax Authority Authorised by CBDT; Jurisdictional Challenge Rejected – Ambience Towers Pvt. Ltd. vs ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Ambience Towers Private Limited, filed
a writ petition challenging a notice dated 23.06.2024 issued under Section
143(2) of the Income Tax Act, 1961, along with subsequent notices dated...
Notice Under Section 143(2) Validly Issued by Prescribed Income-tax Authority; CBDT Authorisation Under Rule 12E Upheld – Ambience Farms Pvt. Ltd. vs ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Ambience Farms Private Limited, filed a
writ petition challenging a notice dated 23.06.2024 issued under Section
143(2) of the Income Tax Act, 1961, along with subsequent notices dated ...
Transfer Pricing Comparables Must Reflect Functional Similarity and Business Model; Tribunal Order Set Aside and Matter Remanded – Alcatel Lucent India Limited vs DCIT (Delhi High Court)
Facts of the CaseThe appellant, Alcatel Lucent India Limited, filed
appeals under Section 260A of the Income Tax Act, 1961, challenging a
common order dated 16.08.2021 passed by the Income Tax Appellate
Tribunal for A...
Reassessment Beyond Three Years Invalid Where Escaped Income Is Below ₹50 Lakh; Notice “Issued” Only After Digital Signing – Acropolis Realty Pvt. Ltd. vs Income Tax Officer (Delhi High Court)
Facts of the CaseThe petitioner, Acropolis Realty Pvt. Ltd., filed its
return of income for Assessment Year 2019-20 on 20.03.2020,
declaring nil income. No intimation regarding the return was received at
the relevant ...
Advance Received Through Banking Channels Cannot Be Treated as Unexplained Cash Credit Merely Due to Documentation Irregularity; Section 68 Addition Unsustainable When Source and Genuineness Are Established: PCIT-6 vs. Nucleus Steel Pvt. Ltd. (Delhi HC)
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act challenging the order dated 23.03.2018 passed by the Income
Tax Appellate Tribunal for Assessment Year 2010-11. The assessee, Nucle...
Business Loss Cannot Be Disallowed on Suspicion or AO’s View of Commercial Expediency; Genuine Loss on Sale of Tools and Dies Allowable: PCIT-4 vs. G-Tekt India Pvt. Ltd. (Delhi HC)
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act challenging the order dated 19.07.2023 passed by the Income
Tax Appellate Tribunal for Assessment Year 2014-15. The assessee, M/s G...
Transfer Pricing Comparables Must Be Functionally Similar Even Under TNMM; High-End Engineering and Infrastructure Companies Cannot Be Compared with Captive Service Providers: PCIT-3 vs. Fluor Daniel India Pvt. Ltd. (Delhi HC)
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act challenging the order dated 17.01.2019 passed by the Income
Tax Appellate Tribunal for Assessment Year 2011-12. The assessee, Fluor...
Prosecution Under Black Money Act Independent of Assessment Proceedings; Fabrication and Backdating of Documents Constitutes Wilful Attempt to Evade Tax: Sanjay Bhandari vs. Income Tax Office (Delhi HC)
Facts of the
CaseThe petitioner, Sanjay Bhandari, filed a petition
seeking quashing of Criminal Complaint No. 2121/2019 pending before the Court
of the learned ACMM, Tis Hazari Courts, Delhi, along with the summoning ...
Makeshift Structures on Agricultural Land Do Not Qualify as “Construction of a Residential House” for Section 54 Exemption; Pure Question of Fact: Sandeep Hooda vs. DCIT (Delhi HC)
Facts of the
CaseThe assessee, Sandeep Hooda, filed his return of
income for Assessment Year 2015-16 declaring total income of ₹1,27,54,600. He
sold a residential property at 1/7, Shanti Niketan, New Delhi on 25.09....