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The Doctrine of Foundational Collapse: A Detailed Analysis of Commissioner of Income Tax vs. Respondent (2009:DHC:13343-DB) Regarding the Nullity of Consequential Orders Post-Section 263 Revision
Facts of the CaseThe present appeal was preferred by the Revenue (Appellant)
against the order of the Income Tax Appellate Tribunal (ITAT). The initiating
action in this matter traced back to an assessment order passed...
Shivani Textiles Ltd. vs. Deputy Commissioner of Income Tax | Bad Debt vs. Trading Loss under Sections 36(1)(vii), 36(2) & 37(1) of the Income Tax Act
Facts of the
CaseThe assessee, Shivani Textiles Ltd., filed its
return for Assessment Year 1997-98 and claimed a deduction of ₹53,57,964.76 as
a bad debt written off. The amount represented advances made to M/s Body...
Shipra Srivastava & AnR. Vs. Assistant Commissioner of Income Tax: Validity of Reopening Assessment u/s 147/148 Based on Erroneous Assumptions without New Material
Facts of the Case
The
petitioners (husband and wife) are Doctors employed with Escorts Heart
Institute and Research Centre Ltd. (EHIRCL).
They
filed their return of income for Assessment Year (AY) 2...
Commissioner of Income Tax vs. Pawan Gupta & Others (2009) | Mandatoriness of Notice Under Section 143(2) in Block Assessment Proceedings under Chapter XIV-B of Income-tax Act, 1961: Delhi High Court Case Law (2009:DHC:9171-DB)
Facts of the Case
A
batch of appeals was preferred by the Revenue (Commissioner of Income Tax)
against a common order passed by the Income Tax Appellate Tribunal (ITAT).
The lead matter was CIT v. Paw...
Commissioner of Income Tax, Delhi-IV vs Denso Haryana Pvt. Ltd. | Delhi High Court Upholds Deletion of Addition under Sections 92 and 40A(2) and Holds No Substantial Question of Law Arises
Facts of the
CaseThe assessee imported goods from its holding
company, Denso Corporation, Japan. The Assessing Officer disallowed an amount
of ₹69,62,655 under Sections 92 and 40A(2) on the basis that the imported g...
Defining the Threshold of 'Reason to Believe': A Detailed Analysis of the Delhi High Court’s Ruling in M/S Diwakar Engineers Ltd. vs. ITO Regarding Reassessment and the Doctrine of Incorporation under Section 147 of the Income Tax Act
Facts of the Case
The
Petitioner, M/S Diwakar Engineers Ltd., duly submitted its returns of
income along with necessary details for the Assessment Years (AY)
1977-1978 to 1982-1983. Assessment orders ...
Commissioner of Income Tax vs. Amar Gupta (ITA No. 204/2008) – Whether Issuance and Service of Statutory Scrutiny Notice Under Section 143(2) Within the Prescribed Limitation Period is a Mandatory Jurisdictional Pre-requisite for Framing a Valid Block Assessment Order Under Section 158BC of Chapter XIV-B of the Income Tax Act, 1961
Facts of the Case
Search
Operations and Return Filing: A search and seizure
operation under Section 132 was conducted against a group of assessees
(the lead matter being CIT vs. Pawan Gupta, heard...
Commissioner of Income Tax v. Assessee – No Addition on Genuine Gift in Block Assessment Proceedings under Sections 158BC & 158BB of the Income-tax Act | Delhi High Court
Facts of the
Case
Search and seizure proceedings were conducted against the assessee.
During the block assessment proceedings, the Revenue attempted to
treat the gift received by the assessee as undisclosed in...
Commissioner of Income Tax, Delhi-IV vs Denso Haryana Pvt. Ltd. | Delhi High Court Upholds ITAT Findings on Transfer Pricing, Technical Assistance Fee and Foreign Exchange Loss under Section 92 of the Income-tax Act, 1961
Facts of the
CaseThe Revenue preferred an appeal before the Delhi
High Court challenging the order of the Income Tax Appellate Tribunal (ITAT) on
three issues:
Deletion of addition of ₹69,62,655 made by the Assess...
Commissioner of Income Tax vs. Pawan Gupta (with Connected Appeals) | Mandatory Requirement of Notice Under Section 143(2) for Block Assessment Under Section 158BC of Income-tax Act, 1961
Facts of the Case
The
Revenue preferred a batch of appeals (with CIT v. Pawan Gupta
acting as the lead matter) against the common order of the Income Tax
Appellate Tribunal (ITAT).
The
cases ...