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Commissioner of Income Tax – LTU vs SRF Limited (Delhi High Court) – Appeal Dismissed Due to Low Tax Effect under CBDT Circular Section 260A of the Income Tax Act
Facts of the Case
The
Revenue (Commissioner of Income Tax – LTU) filed two appeals against SRF
Limited.
There
was a delay in re-filing the appeals, which was condoned by the Court.
At
th...
The Pr. Commissioner of Income Tax (Central-1) vs. Virender Kumar Bhatia | Section 260A r/w Sections 132, 158BC & 158BD Income Tax Act | Delhi High Court
Facts of the CaseThe Respondent-assessee, Virender Kumar Bhatia, had
incorporated M/s Baani Technologies Pvt. Ltd., which owned land measuring
approximately 2.36 acres in Wazirabad, Gurugram. Subsequently, during FY
2...
The Principal Commissioner of Income Tax–4 vs Housing & Urban Development Corporation Ltd (2019) – Section 254(2) Time Limitation Case
Facts of the Case
The
Revenue filed appeals against the respondent (assessee), Housing &
Urban Development Corporation Ltd.
The
dispute arose from orders passed by the ITAT under Section 254(2)...
Commissioner of Income Tax, Delhi vs Sunil Lamba (2019) – Taxability of Non-Compete Fee & Transfer of Self-Generated Trademark under Sections 263, 55(2), 28 & 47 of Income Tax Act
Facts of the
CaseThe case pertains to Assessment Year 1995–96, where
the assessee, Sunil Lamba, received:
₹1 crore as non-compete fee under an agreement with Brooke
Bond Lipton India Ltd.
₹1.85 c...
Director, Directorate of Income Tax (HRD) & Ors. vs Ramesh Dang & Ors. – Pay Parity Claim of Technical Assistants Rejected by Delhi High Court (2019:DHC:5719-DB)
Facts of the CaseThe petitioners (Directorate of Income Tax and Union
authorities) challenged the order of the Central Administrative Tribunal (CAT),
which had directed granting pay parity to Technical Assistants with
...
The Pr. Commissioner of Income Tax–4 vs Housing & Urban Development Corporation Ltd. (2019:DHC:7412-DB) | Section 254(2) IT Act – Time Limit for ITAT Rectification
Facts of the CaseThe present appeals were filed by the Revenue challenging
orders of the Income Tax Appellate Tribunal (ITAT). The core issue arose from
the Tribunal entertaining and deciding applications filed by the ...
Pr. Commissioner of Income Tax, Central-3 vs Ankush Saluja (2019) – Section 68 & 153C IT Act | No Addition Without Incriminating Material | Delhi High Court
Facts of the Case
A
search and seizure operation under Section 132 was conducted on the Saluja
Group.
Cash
and jewellery relating to the assessee (Ankush Saluja) were found at his
father’s ...
PR. Commissioner of Income Tax-4 vs Housing & Urban Development Corporation Ltd. (Delhi High Court) – Section 254(2) Time Limitation & ITAT Rectification Powers
Facts of the CaseThe Revenue filed appeals before the Delhi High Court
challenging orders passed by the ITAT under Section 254(2), whereby the
Tribunal had allowed rectification applications and restored the appeals fo...
Chetan Sabharwal & Anr. vs Assistant Commissioner of Income Tax (Delhi High Court, 2019) – Reopening of Assessment under Sections 147/148 & Validity of “Reasons to Believe”
Facts of the Case
Petitioners
Chetan Sabharwal and Nitin Sabharwal sold shares of Pawan Impex
Pvt. Ltd. and SVIIT Software Pvt. Ltd. through Share Purchase
Agreements.
The
sale consideration ...
Commissioner of Income Tax vs. Jagdish Prasad Gupta (Delhi High Court, 2019) – Section 43B Applicability on Licence Fee & Mercantile Liability
Facts of the
CaseThe assessee, Jagdish Prasad Gupta, was allotted
land by Northern Railways in 1975. Over time, the Railways periodically revised
and enhanced the licence fee, sometimes retrospectively, and also...