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Commissioner of Income Tax (International Taxation)-2 vs M/s Nokia Solutions and Networks OY | Delhi High Court | No Profit Attribution to PE in Case of Global Loss under Article 7 of India-Finland DTAA
Facts of the
CaseThe Revenue filed an appeal against the order of
the Income Tax Appellate Tribunal (ITAT) dated 07.12.2021. The dispute
pertained to whether the respondent-assessee, a foreign company, had a
Permanen...
Principal Commissioner of Income Tax, Delhi-4 vs M/s MMTC Ltd. – Section 14A Disallowance Not Applicable in Absence of Exempt Income | Delhi High Court
Facts of the
CaseThe present appeal was filed by the Revenue
challenging the order dated 29.09.2021 passed by the Income Tax Appellate
Tribunal for Assessment Year 2010–11.The core issue arose from the Tribunal’s ...
ADM Agro Industries Private Limited vs Deputy Commissioner of Income Tax Circle 1-1, Delhi (Delhi High Court) – Reassessment Notice u/s 148 & 148A(d) Set Aside for Non-Application of Mind [2022/DHC/005868]
Facts of the
CaseThe present writ petition was filed by the
Petitioner challenging:
Notice dated 26.05.2022 issued under Section 148A(b) of the
Income Tax Act, 1961
Order dated 23.07.2022 passed under Sectio...
PR. Commissioner of Income Tax-12 vs Smt. Bindu Garg (Delhi High Court) – Penny Stock LTCG Addition u/s 68 Deleted due to Lack of Independent Inquiry
Facts of the
Case
The assessee, Smt. Bindu Garg, purchased shares of two companies
and later sold them, earning long-term capital gains of ₹39,78,101.
The Revenue alleged that the transactions were bogus pe...
Empire Trading Company vs Income Tax Officer Ward 29(1) (Delhi High Court) – Reassessment Proceedings Set Aside for Non-Supply of Material under Sections 148, 148A(b), 148A(d) of Income Tax Act
Facts of the
CaseThe petitioner, Empire Trading Company, challenged
reassessment proceedings initiated by the Income Tax Department alleging that
the petitioner was a beneficiary of accommodation entries amounting to ...
PR. Commissioner of Income Tax-8 vs Prabhu Dayal Aggarwal (Delhi High Court) – Reopening u/s 147 Beyond 4 Years Invalid Without Failure to Disclose Material Facts | AY 2009-10
Facts of the
CaseThe present case pertains to Assessment Year
2009–10, where the assessee, Prabhu Dayal Aggarwal, filed his return declaring
total income of ₹1.16 crore. The assessment was completed under Section ...
Sri Guru Singh Sabha vs Deputy Commissioner of Income Tax (Delhi High Court) – Taxability of Gross Receipts vs Surplus & Applicability of Section 167B and Section 143(1) of Income Tax Act
Facts of the CaseThe assessee, a
society registered under the Societies Registration Act, filed its return
declaring income of ₹2,39,350. The return was processed under Section 143(1),
wherein the Centralized Proces...
Sri Guru Singh Sabha vs Dy. Commissioner of Income Tax (Delhi High Court) – Taxability of Gross Receipts vs Income & Applicability of Maximum Marginal Rate under Section 167B and Section 143(1)
Facts of the
CaseThe appellant, Sri Guru Singh Sabha, filed
its return of income for Assessment Year 2014–15 declaring income of ₹2,39,350.
The return was processed under Section 143(1) of the Income Tax Act, 1961...
Commissioner of Income Tax (International Taxation)-1 vs Fujitsu America Inc. | Delhi High Court | Section 143(3) & 260A | DTAA Article 12 | Beneficial Ownership in FTS
Facts of the
Case
The assessee, Fujitsu America Inc., a US-based company, provided branding
and management services to its Indian affiliate.
It received approximately ₹9.87 crore during AY 2015–16.
The...
G.K. Choksi and Co. vs Principal Commissioner of Income Tax, Central-3 & Anr. & Connected Matters (Delhi High Court, 2023) – Interest on Delayed Payment of Audit Fees under Section 142(2A) of Income Tax Act
Facts of the
CaseThe petitioner, a chartered accountant firm, was
appointed as a special auditor by the Assessing Officer under Section 142(2A)
of the Income Tax Act, 1961. The firm conducted audits for three entities...