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Commissioner of Income Tax, Delhi-II, Delhi vs. M/s Mayar India Limited: Jurisdictional Mandate of Recording Prior Satisfaction in the Assessment Order under Section 271 of the Income Tax Act, 1961 as a Prerequisite Condition for the Lawful Initiation of Penalty Proceedings
Facts of the Case
The
Assessment and Penalty Initiation: The matter originated
from assessment proceedings conducted by the Assessing Officer (AO)
against the assessee, M/s Mayar India Limited. While ...
Commissioner of Income Tax v. M/s Tigar Corporation Pvt. Ltd. – Penalty under Section 271(1)(c) on Assessed Loss Cases | Delhi High Court (ITA No. 482/2006)
Facts of the CaseThe Revenue challenged the order of the Income Tax Appellate
Tribunal (ITAT) whereby the Tribunal had deleted the penalty imposed under
Section 271(1)(c) of the Income-tax Act, 1961. The Tribunal had t...
M/S GKN Driveline (India) Ltd. Versus Commissioner of Income-Tax, Delhi IV — Whether Rental Expenditure Incurred on Maintaining a Transit Guest House is Mandatorily Disallowed Under the Non-Obstante Provisions of Section 37(4) of the Income-Tax Act, 1961, Overriding the General Deduction Provisions for Business Premises Under Section 30
Facts of the CaseThe assessee, M/s GKN Driveline (India) Ltd., incurred an
expenditure of ₹3,07,167/- towards rent for an accommodation maintained and
utilized as a "transit house" (guest house) during the assessment...
Saswati Dev vs Commissioner of Income Tax, Delhi – Burden of Proof to Rebut Presumptive Income Under Section 44AE of the Income-tax Act, 1961
Facts of the CaseThe assessee, Saswati Dev, was engaged in the business of
operating goods carriages. During assessment proceedings, the assessee claimed
that the actual income earned from the goods carriage business w...
M/s Hindustan Tin Works Ltd. vs. Commissioner of Income Tax-III | Rejection of Books of Accounts Under Section 145(2) and Remand by High Court Due to Unreasoned Deferral/Reversal by ITAT on Alleged Unaccounted Sales
Facts of the CaseThe assessee, M/s Hindustan Tin Works Ltd., approached the
Hon'ble Delhi High Court by filing an appeal under Section 260A(1) of the
Income Tax Act, 1961. This appeal challenged the validity of an orde...
Pradeep Misra & Anr. v. Commissioner of Income Tax-II & Ors. – Delhi High Court Judgment on the Absolute Finality and Binding Nature of Settlement Commission Orders Under Section 245D(4) Vis-à-Vis Independent Writ Petitions for Claiming Interest on Seized and Matured IVPs, KVPs, and FDRs Under Sections 132B(4) and 244A of the Income Tax Act, 1961
Facts of the Case
Seizure
of Assets: The Income Tax Department conducted search
and seizure operations against the petitioners, Pradeep Misra and Smt.
Gyanwati Misra, during which Indira Vikas Patras ...
Commissioner of Income Tax, Delhi vs M/s Owens Brockway India Ltd. – Penalty under Section 271C for Failure to Deduct TDS and Relief under Section 273B
Facts of the CaseThe respondent-assessee, M/s Owens Brockway India Ltd., did
not deduct tax at source on certain salary-related payments and benefits
provided to expatriate employees. The Assessing Officer initiated pe...
Commissioner of Income Tax vs. Khabros Steel India Ltd. – Penalty under Section 271(1)(c) leviable even where assessed income remains a loss after insertion of Explanation 4
Facts of the CaseThe Revenue challenged the order of the Income Tax Appellate
Tribunal (ITAT), which had deleted the penalty imposed under Section 271(1)(c)
of the Income-tax Act, 1961. The Tribunal had taken the view ...
Commissioner of Income Tax vs. M/s. Mayur Recreational and Development Ltd. – Scope of ITAT’s Rectification Power Under Section 254(2) vs. Review Power: Delhi High Court Sets Aside Total Recall Order of Income Tax Appellate Tribunal
Facts of the Case
Initial
Tribunal Order: The Income Tax Appellate Tribunal (ITAT),
Delhi Bench, initially disposed of the assessee’s appeal (ITA No.
2967/Del/95) for the Assessment Year 1992-93 via...
Commissioner of Income Tax vs R.K. Gupta (2006) – Additions on Unexplained Cash, Jewellery, Household Expenses and Business Investments Deleted on Concurrent Findings of Fact | Delhi High Court
Facts of the CaseA search operation was conducted against the assessee, R.K.
Gupta. Based on the material discovered during the search, the Assessing
Officer made several additions to the assessee’s taxable income. T...