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Commissioner of Income-tax, Delhi-V vs. Rohit Prakash Goyal: Scope of Section 148 Reassessment Jurisdiction on UTI Unit Sales to HUF, Permissibility of Legitimate Tax Planning vs. Colourable Device, and Parameters of Referable Question of Law under Section 256(2) of Income-tax Act, 1961
FACTS OF THE CASE
Context
and Assessment Years: The litigation arose from Income Tax
Appellate Appeals (ITAs No. 977, 978, and 979 (Del)/1997) mapped
across three consecutive assessment periods: AY 19...
Commissioner of Income Tax, Delhi v. Gold Tex Furnishing Industries (2002) – Interest under Sections 234A, 234B & 234C Cannot Be Levied Without Specific Direction in Assessment Order | Delhi High Court
Facts of the
CaseThe Revenue filed an appeal before the Delhi High
Court under Section 260A of the Income-tax Act, 1961 challenging the order of
the Income Tax Appellate Tribunal (ITAT), Delhi Bench “B”, dated 23 ...
Commissioner of Income-Tax vs. M/S. Gowar Sons Publication (Pvt.) Limited: Whether Interest on Delayed Payments Accrues Upon Default or Receipt of Debit Notes Under Section 256(1) of the Income-tax Act, 1961 – Delhi High Court Rules Revenue Deduction Allowable Based on Consistent Accounting Practice and Discretionary Interest Clauses
Facts of the Case
Business
Background and Takeover: The assessee company, M/S.
Gowar Sons Publication (Pvt.) Limited, carried on the business of printers
and publishers. Until September 30, 1972, this...
Commissioner of Income Tax–IX v. Kishan Lal (HUF) – Deletion of Interest under Sections 234A and 234B in Absence of Direction in Assessment Order | Delhi High Court
Facts of the CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act, 1961 challenging the order of the Income Tax Appellate
Tribunal (ITAT), Delhi Bench-B dated 23 August 2001. The Tribunal had delete...
Commissioner of Income Tax, Delhi v. Tek Chand (2002) – Interest Under Sections 234A & 234B Cannot Be Levied Without Specific Direction in Assessment Order | Delhi High Court
Facts of the CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act, 1961 against the order of the Income Tax Appellate Tribunal
(ITAT), Delhi Bench “B”, dated 23 August 2001.The Tribunal had dele...
M/s Sant Ram Aggarwal v. Income Tax Department (Income Tax Officer & Others) – Adjustment of Income Tax Refund Against Surtax Demand Without Prior Notice Under Section 245 of the Income-tax Act, 1961 | Delhi High Court
Facts of the
CaseThe petitioner, M/s Sant Ram Aggarwal, challenged
the action of the Income Tax Department whereby a refund amounting to Rs.
56,45,790, determined for Assessment Year 1982-83, was adjusted against an
...
M/s Haryana Rang Udyog v. Income-tax Officer & Others – Delhi High Court | Settlement Commission Proceedings and Income-tax Dispute (CWP No. 991/1981)
Facts of the
CaseM/s Haryana Rang Udyog filed the present writ
petition against the Income-tax Officer and other authorities. The matter came
up before the Delhi High Court and was heard along with connected matters
...
Chief Commissioner of Income Tax v. Sanjeev Mahajan & Others – Delhi High Court | Disposal of Writ Petition in Terms of Earlier Order Passed in CWP No. 4604 of 2000
Facts of the
CaseThe Chief Commissioner of Income Tax filed the
present writ petition against Sanjeev Mahajan and others. The matter came
before the Division Bench of the Delhi High Court for adjudication. The Court
...
M/s JCT Limited vs Income Tax Appellate Tribunal & Others (Delhi High Court) – Stay of Tax Demand During Pendency of Appeal under Sections 195, 201(1), 201(1A) and 254 of the Income-tax Act, 1961
Facts of the CaseM/s JCT Limited, a public limited company engaged
in the manufacture and sale of textiles, was subjected to a survey under
Section 133A of the Income-tax Act, 1961. During the survey, the Income Tax
D...
M/s United Electrical Company Pvt. Ltd. v. The Commissioner of Income Tax & Ors. – Reassessment under Sections 147/148 Based on Alleged Bogus Loan Transaction Without Tangible Material | Delhi High Court
Facts of the CaseThe petitioner, M/s United Electrical Company Pvt.
Ltd., was engaged in the business of manufacturing electrical goods. For
Assessment Year 1996-97, it filed its return of income on 30 November 1996
d...