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DIRECTORS OF INCOME TAX (EXEMPTION) V. INDIA TRADE PROMOTION ORGANIZATION: INTEREST ON REFUND UNDER SECTION 244A IS A SUBSTANTIVE AND INHERENT RIGHT THAT CANNOT BE DENIED BASED ON ALLEGED UNPROVED WAIVER
Facts
of the Case·
The appeals pertain to the Assessment
Years 1989-1990 and 1990-1991, arising from a common order passed by the Income
Tax Appellate Tribunal (...
Commissioner of Income Tax v. The Country Club (ITA No. 481/2008) | Deletion of Additions Upheld Under Section 260A of the Income Tax Act, 1961 Where No Substantial Question of Law Arises Post Reliance on Identical Precedent for Previous Assessment Years
Facts of the Case
The
Appellant (Revenue/Income Tax Department) preferred an appeal under
Section 260A of the Income Tax Act, 1961, challenging the order dated June
29, 2007, passed by the Income Tax ...
Director of Income Tax (Exemption) vs. Jaipur Golden Charitable Clinical Laboratory Trust | Section 12(1) read with Section 11 of the Income Tax Act, 1961
Facts of the CaseThe Assessee, Jaipur Golden Charitable
Clinical Laboratory Trust, is a Charitable Trust registered under Section
12A(1) of the Income Tax Act, 1961, operating the "Jaipur Golden
Hospital" in New Delhi...
Commissioner of Income Tax v. Chand Chaurasia: Dismissal of Revenue's Appeal Under Section 260A of the Income-Tax Act, 1961, by Following Precedent established in Co-Assessee's Identical Case Matrix
Facts of the Case
The
Parties: The Appellant in this matter is the Revenue
(The Commissioner of Income Tax), and the Respondent is the assessee,
Chand Chaurasia.
Origin
of Dispute: The Revenue...
Dharam Pal Dhingra v. Commissioner of Income Tax: Assessment of Entire Undisclosed Sales as Income Under Section 132 and Rectification Limits Under Section 254(2) of the Income Tax Act, 1961
Facts of the CaseThe appellant, Dharam Pal Dhingra, was the sole proprietor of
M/s Dharampal Electronics, a wholesale trader of CDs and audio cassettes. On
September 24, 1998, the Income Tax Department conducted a sear...
Commissioner of Income Tax vs. M/s Palewad | Dismissal of Revenue Appeal Due to Tax Effect Below CBDT Prescribed Monetary Limits Under Section 260A | 2008:DHC:12289-DB
Facts
of the CaseThe Revenue (Income Tax Department)
filed an appeal (ITA No. 395/2007) before the Hon’ble Delhi High Court against
the order of the Income Tax Appellate Tribunal. The total monetary tax effect
invo...
M/S Keshav Shares & Stocks Limited v. Income Tax Officer and Others: Quashing of Assessment Order Due to Non-Disposal of Objections via a Speaking Order Under Section 147/148 of the Income Tax Act, 1961
Facts of the Case
Assessee's
Return: For the assessment year (AY) 2000-2001, the
petitioner, M/S Keshav Shares & Stocks Limited, filed its income tax
return on November 21, 2000, declaring a total...
Commissioner of Income Tax vs. M/s Basant Plasto Chemicals Pvt. Ltd. – Recording of Satisfaction for Penalty Proceedings under Section 271(1)(c) of the Income-tax Act
Facts of the CaseThe appeal formed part of a large batch of income-tax appeals
involving a common legal issue concerning the validity of penalty proceedings
initiated under Section 271(1)(c) of the Income-tax Act. The ...
Director of Income Tax (Exemption) vs. India Trade Promotion Organization [Delhi High Court] – Interest on Income Tax Refund under Sections 244A, 154 & 10(23C)(iv) of the Income-tax Act, 1961
Facts of the
Case
Assessments for AYs 1989-90 and 1990-91 were completed creating tax
demands.
In 1994, the assessee obtained exemption under Section 10(23C)(iv)
of the Income-tax Act, 1961.
Pursuant t...
Commissioner of Income Tax vs. M/s Model Footwear (Pvt.) Ltd. – Delhi High Court Clarifies Effect of Section 271(1B) on Recording of Satisfaction for Penalty Proceedings
Facts of the CaseSeveral appeals filed by the Revenue, including the appeal
against M/s Model Footwear (Pvt.) Ltd., were pending before the Delhi High
Court involving a common legal issue relating to penalty proceeding...