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Indus Valley Partners India Pvt. Ltd. vs Assistant Commissioner of Income Tax Circle 10-1 & Anr. (Delhi High Court, 2023) – Invalid Reassessment Notice Due to Non-Compliance with Mandatory Time Limit under Section 148A(b) of Income Tax Act
Facts of the CaseThe petitioner challenged the reassessment proceedings
initiated by the Income Tax Department on the ground that the notice issued
under Section 148A(b) did not provide the minimum statutory peri...
Clix Capital Services Pvt. Ltd. vs Joint Commissioner of Income Tax (Delhi High Court) – Penalty u/s 271C Quashed Due to Inordinate Delay & Limitation under Section 275(1)(c)
Facts of the Case
The
petitioner filed its return for AY 2007-08 and later revised it, adding
back expenses under Section 40(a)(ia).
The
same expenses were claimed as deduction in AY 2008-09.
As...
Alankar Apartment Pvt. Ltd. vs Assistant Commissioner of Income Tax Circle 1(1) (Delhi High Court, 2023) – Reassessment u/s 148A & Section 43B Set Aside Due to Non-Application of Mind
Facts of the CaseThe petitioner challenged the notice issued under Section
148A(b) dated 23.05.2022, the order passed under Section 148A(d) dated
30.07.2022, and the consequential notice issued under Section 148 of the...
PR. Commissioner of Income Tax-7 vs M/s Sterling Agro Industries Ltd (Delhi High Court) – Section 80IA Deduction | Notional Losses Cannot Be Brought Forward
Facts of the CaseThe respondent/assessee filed its return of income under
Section 139 of the Income Tax Act, 1961 for Assessment Year 2016–17, declaring
total income which was subsequently revised. The case was...
Sanjay Sudan vs Assistant Commissioner of Income Tax & Anr. | Delhi High Court (2023) – TDS Deducted but Not Deposited: Assessee Not Liable u/s 205 & No Adjustment Against Refund
Facts of the CaseThe petitioner, Sanjay Sudan, was employed with Kingfisher
Airlines Limited from 12.01.2008 to 10.02.2012. For Assessment Year 2012–13,
tax amounting to ₹13,98,901/- was deducted at source (T...
PR. Commissioner of Income Tax (Central)-2 vs Victory Realtech Pvt. Ltd. (Delhi High Court) – Recall of ITAT Order Valid Where No Notice of Hearing Served | AY 2010-11
Facts of the Case
The
case pertains to Assessment Year 2010–11.
The
Tribunal had earlier dismissed the assessee’s appeal on 17.12.2018
for non-prosecution.
The
assessee later filed a m...
Palmtree Infracon Private Limited vs Income Tax Officer Ward 19(3), Delhi (2023) – Reassessment Based on Mere Suspicion Invalid under Income Tax Act
Facts of the CaseThe present writ petition was filed challenging:
Order
dated 25.07.2022 passed under Section 148A(d)
Notice
dated 26.07.2022 issued under Section 148
Notice
dated 21.05.2022 und...
PR. Commissioner of Income Tax (Central)-2 vs M/s S.G. Portfolio Pvt. Ltd. (Delhi High Court) – Reassessment Invalid Without Fresh Material | Sections 147, 148, 143(2), 144, 153C
Facts of the CaseThe present appeal arose from an order passed by the Income
Tax Appellate Tribunal concerning Assessment Year 2009–10. A search and
seizure operation under Sections 132 and 133A of the Income T...
Sahara India Life Insurance Co. Ltd. vs Assistant Commissioner of Income Tax (Delhi High Court) – Section 44 Overrides Disallowances under Sections 40(a) & 43B in Insurance Business
Facts of the CaseThe appellant/assessee, engaged in the business of life
insurance, filed its return for AY 2014-15. The Assessing Officer (AO) made
four disallowances:
Disallowance
of amortization of investmen...
PR. Commissioner of Income Tax-7 vs M/s RHC Holdings Pvt. Ltd. (Delhi High Court) – Section 14A Disallowance & Rule 8D Applicability | AY 2006-07
Facts of the CaseThe appeal was filed by the Revenue against the order of the
Income Tax Appellate Tribunal dated 03.04.2019 for Assessment Year 2006–07. The
core issue revolved around the correctness of disallowance...