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TDS on External Development Charges (EDC) Not Applicable Under Section 194C — Delhi High Court in Puri Constructions Pvt. Ltd. & Connected Cases vs Income Tax Authorities (2024)
Facts of the CaseA batch of writ petitions was filed by various real estate
developers challenging proceedings initiated by the Income Tax Department for
failure to deduct Tax Deducted at Source (TDS) under Section 194...
Puri Constructions Pvt. Ltd. vs. Additional Commissioner of Income Tax (TDS) & Ors. — Delhi High Court on TDS Liability on External Development Charges (EDC) under Section 194C — W.P.(C) 9483/2019 (13 February 2024)
Facts of the CaseThe petitioner, a real estate developer, challenged TDS
demands raised by the Income-tax Department on payments made towards External
Development Charges (EDC) to government authorities in connection w...
Disallowance u/s 40(a)(i) Not Sustainable Without Chargeability to Tax — Delhi High Court in CIT-II vs. Mitsubishi Corporation India Pvt. Ltd. (ITA 180/2014)
Facts of the Case
The
assessee made payments to overseas group companies located in USA, Japan,
Singapore, and Thailand for purchase of goods and services.
No
tax was deducted at source (TDS) on the...
No Addition on Estimated Basis Without Rejecting Books u/s 145(3) — Delhi High Court in PCIT (Central)-1 vs. Forum Sales Pvt. Ltd. (ITA 862/2019)
Facts of the Case
A
search and survey operation under Sections 132/133A was conducted on the
group to which the assessee belonged.
Proceedings
under Section 153A followed, and assessment under Secti...
20% Pre-Deposit Not Mandatory for Stay of Tax Demand u/s 220(6) — Delhi High Court in NASSCOM vs. DCIT (Exemption) (W.P.(C) 9310/2022)
Facts of the Case
The
petitioner, NASSCOM, challenged recovery actions arising from tax demands
for multiple assessment years.
The
final assessment for AY 2018-19 resulted in demand, against which t...
Addition on Estimated Basis Invalid Without Rejecting Books u/s 145(3) — Delhi High Court in PCIT (Central)-1 vs. Forum Sales Pvt. Ltd. (ITA 862/2019)
Facts of the Case
A
search and survey operation under Sections 132/133A was conducted on the
group to which the assessee belonged.
Pursuant
to the search, proceedings under Section 153A were initiat...
Pr. Commissioner of Income Tax-2, Delhi vs. Clix Finance India Pvt. Ltd. — Delhi High Court on Scope of Revision under Section 263 — Lack of Inquiry vs. Inadequate Inquiry — ITA 1428/2018 (01 March 2024)
Facts of the CaseThe Revenue challenged an order of the Income Tax Appellate
Tribunal which had set aside the revisionary order passed by the Principal
Commissioner of Income Tax under Section 263 of the Income-tax Act...
SFDC Ireland Limited vs. Commissioner of Income Tax — Delhi High Court on Maintainability of Writ Against Order under Section 197 of Income-tax Act — Availability of Alternate Remedy — W.P.(C) 14636/2023 (11 March 2024)
Facts of the CaseThe petitioner challenged an order passed by the Income-tax
Department relating to issuance/refusal of a certificate under Section 197 of
the Income-tax Act concerning deduction of tax at source (TDS)....
Section 14A Disallowance Cannot Be Added to MAT u/s 115JB — Delhi High Court in PCIT v. Moon Star Securities Trading & Finance Co. Pvt. Ltd. (AY 2011-12)
Facts of the Case
The
respondent-assessee filed its return for AY 2011-12 declaring nil income.
It
earned exempt dividend income and made a corresponding disallowance under
Section 14A.
The
...
Section 14A Disallowance Cannot Be Added to MAT u/s 115JB — Delhi High Court in PCIT v. Moon Star Securities Trading & Finance Co. Pvt. Ltd. (AY 2011-12)
Facts of the Case
The
respondent-assessee filed its return for AY 2011-12 declaring nil income.
It
earned exempt dividend income and made a corresponding disallowance under
Section 14A.
The
...