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ADM Agro Industries India Pvt. Ltd. vs Assistant Commissioner of Income Tax Circle 1(1) Delhi – Reassessment under Section 148A(d) & 148 of Income Tax Act upheld with opportunity to furnish evidence (Delhi High Court)
Facts of the
CaseThe present writ petition pertains to Assessment
Year 2013–14 and represents the second round of litigation before the Delhi
High Court. Earlier, the petitioner had challenged reassessment
proceedi...
Principal Commissioner of Income Tax–6 vs National Textiles Corporation Ltd. (Delhi High Court) – Penalty u/s 271(1)(c) Not Leviable for Bona Fide Wrong Claim of Foreign Exchange Loss
Facts of the
Case
The assessee, a public sector undertaking, filed its return
declaring income of ₹1,16,540, later revised to NIL.
During scrutiny, the Assessing Officer disallowed ₹14.25 crore
...
Shyam Communication Systems vs Deputy Commissioner of Income Tax (Delhi High Court, 2023) – Violation of Natural Justice in Assessment under Section 143(3)
Facts of the
CaseThe petitioner, Shyam Communication Systems,
challenged the assessment order dated 22.04.2021 passed under Section 143(3) of
the Income Tax Act, 1961 for AY 2018–19. The Assessing Officer (AO)...
PR. Commissioner of Income Tax-1 vs M/s Alcatel Lucent India Ltd. | Reassessment u/s 147 Invalid on Change of Opinion (Delhi High Court)
Facts of the
Case
The assessee filed its return for AY 2005-06 declaring a loss of
₹41.72 crores.
Assessment was completed under Section 143(3), determining income
at ₹40.29 crores.
A notic...
OYO Hotels and Homes Pvt. Ltd. vs Deputy Assistant Commissioner of Income Tax & Anr. (Delhi High Court) – Refund Withholding under Section 241A Held Invalid Due to Lack of Reasons
Facts of the CaseThe Petitioner, OYO Hotels and Homes Private Limited, filed
its Income Tax Return for Assessment Year 2020–21 declaring substantial losses
and claiming a refund arising primarily due to Tax Deducted ...
DLF Homes Panchkula Pvt Ltd vs Joint Commissioner of Income Tax (OSD) & Ors | No TDS on External Development Charges (EDC) | Section 194-I Not Applicable
Facts of the Case
The
petitioners (including DLF and other developers) were engaged in real
estate development.
They
paid External Development Charges (EDC) to Haryana Urban
Development Autho...
DLF Homes Panchkula Pvt Ltd & Ors. vs Joint Commissioner of Income Tax (OSD) & Ors. – No TDS on External Development Charges (EDC) Not ‘Rent’ u/s 194-I | Delhi High Court
Facts of the Case
Petitioners
are real estate developers engaged in development projects in Haryana.
They
paid External Development Charges (EDC) to HUDA as a statutory
requirement under HDRUA Act ...
Mansi Aggarwal vs Income Tax Officer Ward 62(1) Delhi & Anr. – Reassessment Proceedings Set Aside for Non-Consideration of Reply under Section 148A(d) of Income Tax Act, 1961 (Delhi High Court)
Facts of the CaseThe present writ petition pertains to Assessment Year 2015–16,
wherein the petitioner challenged the order dated 24.11.2022 passed under
Section 148A(d) of the Income Tax Act, 1961. A notice under Se...
Draken Metals Trading Private Limited vs Income Tax Officer Ward 7(1), Delhi & Anr. – Challenge to Reassessment Proceedings under Sections 148, 148A(b) & 148A(d) of the Income Tax Act, 1961 (Delhi High Court)
Facts of the CaseThe petitioner, Draken Metals Trading Private Limited, filed
the present writ petition challenging:
Order
dated 26.03.2022 passed under Section 148A(d) of the Income Tax
Act, 1961
Conse...
Modi Industries Limited vs Deputy Commissioner of Income Tax & Ors. | Delhi High Court | Reassessment u/s 148 Beyond 4 Years Quashed (2023:DHC:2501-DB)
Facts of the Case
The
petitioner had undergone scrutiny assessment under Section 143(3),
completed on 29.12.2016.
A
reassessment notice dated 31.03.2021 was issued for AY 2014–15 under
Sect...