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Genpact India Private Limited vs Deputy Commissioner of Income Tax & Anr. (Delhi High Court, 2019) – Maintainability of Writ Petition vis-à-vis Section 115QA Buyback Tax Demand under Income Tax Act
Facts of the
CaseThe petitioner, Genpact India Private Limited,
challenged an assessment order dated 31 December 2016 passed under Section
143(3) of the Income Tax Act for AY 2014–15. The dispute primarily concerned...
Vedanta Limited vs Assistant Commissioner of Income Tax, Circle 26(1) & Anr. (2019) – Reopening of Assessment u/s 147/148 on Accommodation Entries
Facts of the CaseThe petitioner, Vedanta Limited (successor of Sterlite
Industries Pvt. Ltd.), challenged a reassessment notice issued under Section
148 of the Income Tax Act for AY 2012–13.
The
Assessing Off...
NBCC (India) Ltd. vs Additional Commissioner of Income Tax & Ors. – Special Audit u/s 142(2A) Upheld by Delhi High Court (2019)
Facts of the CaseThe petitioner, NBCC (India) Ltd., a government-backed
construction company, filed its income tax return for AY 2017–18 and
subsequently revised it. The case was selected for scrutiny under Section
...
Ankush Jain & Anr. vs Pr. Commissioner of Income Tax-4 (Delhi High Court, 2019) – IDS Declaration Held Void for Suppression of Facts under Finance Act, 2016
Facts of the
CaseThe petitioners, Ankush Jain and Vaibhav Jain,
filed declarations under the Income Declaration Scheme, 2016 (IDS)
pursuant to Section 183 of the Finance Act, 2016, declaring undisclosed
income of ₹...
PR. Commissioner of Income Tax, Delhi-2 vs BSES Rajdhani Power Ltd. (2020) – Scope of Remand, Depreciation on Energy Meters & AO’s Jurisdiction under Section 32 of Income Tax Act
Facts of the Case
The
assessee, BSES Rajdhani Power Ltd., claimed 80% depreciation on
electronic/energy meters, asserting that they qualify as energy-saving
devices.
The
ITAT (order dated 05....
M/s. Tropex Promotion & Trading Ltd. vs Commissioner of Income Tax (Delhi High Court, 2019) – Reopening u/s 147 Invalid Without Fresh Tangible Material
Facts of the
CaseThe assessee company filed its return for AY
1986–87, which was assessed under Section 143(3) after scrutiny.
During the original assessment, issues relating to share capital, share
transacti...
PR. COMMISSIONER OF INCOME TAX, DELHI-2 vs BSES RAJDHANI POWER LTD. | Section 32 Income Tax Act | Depreciation on Energy Meters & Scope of Remand by AO
Facts of the CaseThe Revenue filed appeals challenging the order of the
Income Tax Appellate Tribunal (ITAT), wherein relief was granted to the
assessee for Assessment Years 2007-08 and 2008-09.The core issue revolved ...
National Projects Construction Corporation Ltd. vs Deputy Commissioner of Income Tax & Anr. (2019) – Delhi High Court on Validity of Special Audit under Section 142(2A) of Income Tax Act
Facts of the
Case
The petitioner, NPCC (a Government PSU), filed return for AY
2016-17 declaring income of ₹18.02 crore.
The return was selected for scrutiny and multiple notices were
issued see...
Sanjivani Non-Ferrous Trading Pvt. Ltd. vs Income Tax Officer Ward 22(3), New Delhi (2019:DHC:2032-DB) Reassessment under Sections 147 & 148 of Income Tax Act upheld – Validity of “Reason to Believe” based on Post-Assessment Survey Material
Facts of the
CaseThe petitioner challenged reassessment proceedings
initiated for AY 2011-12 and 2012-13. The original assessments had been
completed under Section 143(3).The reassessment notices were issued bas...
Khem Chand Mukim vs Principal Director of Income Tax (Investigation) & Ors. (2020) – Delhi High Court | Illegal Search & Seizure under Section 132 of Income Tax Act
Facts of the CaseThe Petitioner, Khem Chand Mukim, proprietor of M/s
Shrimati Gems and Jewels, was engaged in the business of jewellery trading.
He travelled to Guwahati to participate in a jewellery exhibition and was...