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M/s Jay Bharat Maruti Ltd. v. Commissioner of Income Tax (Delhi High Court) – Reassessment under Sections 147 & 148 Cannot Be Based on Irrelevant or Unconnected Issues
Facts of the
CaseM/s Jay Bharat Maruti Ltd., engaged in the
manufacture of automobile parts and moulds, filed its return for Assessment
Year 1993-94 declaring income of ₹5,35,250. The return was processed under
Sec...
Defining the Threshold of Business Operations: A Deep Dive into the Delhi High Court’s Ruling in CIT vs. Aspentech India Pvt. Ltd. regarding Business Commencement and Section 37(1) Deductibility
Facts of the Case
For
the Assessment Year (AY) 2003-04, the Respondent/Assessee (Aspentech India
Pvt. Ltd.) filed an income tax return declaring a total loss of ₹2.48
crores.
The
Assessing ...
Commissioner of Income Tax v. Bhasin Motors India Pvt. Ltd. – Delhi High Court Dismisses Revenue Appeals Due to Low Tax Effect and Applicability of CBDT Monetary Limit Circular
Facts of the
CaseThe Revenue preferred multiple appeals against
Bhasin Motors India Pvt. Ltd. relating to assessment years covering Financial
Year 1997-1998 to Financial Year 2001-2002.The aggregate tax effect involve...
Assessees vs Income Tax Appellate Tribunal & Commissioner of Income Tax – Delhi High Court Clarifies Scope of Rectification under Section 254 Where Main ITAT Order is Already Under Challenge in Appeal | ITA Nos. 870-879 of 2009
Facts of the
Case
The Income Tax Appellate Tribunal had earlier passed orders against
the assessees.
The assessees challenged those orders by filing appeals under
Section 260A of the Income-tax Act befor...
Commissioner of Income Tax vs. Motor & General Finance Ltd.- Income Tax Appeal Under Section 260A: No Substantial Question of Law Arises If the Matter Is Pre-Decided by a Covered Judgment
Facts of the Case
Background
of the Dispute: The Revenue Department (Commissioner of
Income Tax) preferred an statutory appeal under Section 260A of the Income
Tax Act, 1961, bringing a challenge agai...
Commissioner of Income Tax v. Jamna Auto Industries Ltd.: Whether Recurring Royalty Paid for Technical Know-How Based on Sales Turnover is Deductible as Revenue Expenditure Under Section 37(1) of the Income Tax Act
Facts of the Case
The
Collaboration Agreement: The assessee corporate
entity entered into a formal Memorandum of Understanding (MOU) with M/s.
Jamna NHK Allevard Suspension Components Ltd. (JANA), a t...
Lucent Technologies GRL LLC vs Assistant Commissioner of Income Tax & Anr. | AO Must Grant Opportunity of Hearing Before Passing Order Under Sections 143(3)/254 of the Income-tax Act
Facts of the
CaseThe petitioner challenged orders passed by the Assessing
Officer (AO) while giving effect to earlier orders of the Income Tax Appellate
Tribunal (ITAT). In the original assessment proceedings, certain...
M/s Satnam Overseas Limited & Another vs. Additional Commissioner of Income Tax & Assistant Commissioner of Income Tax (Delhi High Court) – Reassessment under Sections 147/148 Invalid on Mere Change of Opinion
Facts of the Case
The
petitioner company was engaged in manufacturing, trading, and export of
rice, pulses, and related commodities.
Returns
of income for the relevant assessment years were filed an...
Director of Income Tax (Exemptions) vs Delhi Club Ltd. – Retrospective Registration under Section 12A Allowed on Bona Fide Belief of Existing Tax Exemption | Delhi High Court
Facts of the CaseThe respondent-assessee was a Club that filed an application
for registration under Section 12A of the Income-tax Act, 1961 before the
Director of Income Tax (Exemptions) on 31.03.1999.The Director gra...
Lucent Technologies International Inc. vs Assistant Commissioner of Income Tax & Anr. | Delhi High Court | Section 143(3) of the Income Tax Act, 1961
Facts of the CaseCertain additions were made by the Assessing
Officers in different assessment years. The assessment orders were challenged
before appellate authorities and ultimately reached the Income Tax Appellate
...