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Cooner Institute of Health Care and Research Centre Pvt. Ltd. vs Income Tax Officer Ward 6(3) (2020) – Delhi High Court on Refund Withholding under Section 241A
Facts of the
CaseThe petitioner company engaged in hospital services
filed its return for AY 2018–19 claiming a refund of ₹1.43 crore due to excess
TDS. The return was processed under Section 143(1), determining a...
M/s BT India Private Limited vs Assistant Commissioner of Income Tax & Anr. (Delhi High Court, 2020) – Section 245 Adjustment of Refund & Pending Rectification Applications
Facts of the
CaseThe petitioner, M/s BT India Private Limited,
filed a writ petition challenging proceedings initiated through a notice dated
09 May 2020 under Section 245 of the Income Tax Act, 1961. The
petitioner ...
Sanjay Kaul vs Principal Commissioner of Income Tax, Delhi-8 (Delhi High Court, 2020) – Bogus Short-Term Capital Loss on Penny Stocks Disallowed u/s 68 & 69C
Facts of the
Case
The assessee filed return declaring income of ₹3.12 crore for AY
2015–16.
Earned LTCG of ₹4.15 crore and claimed STCL of ₹1.22
crore from shares of:
Cressanda Solutions ...
Nokia Corporation vs Deputy Commissioner of Income Tax & Ors. (Delhi High Court, 2020) – Delay in Grant of Refund and Mandatory Compliance of Section 153(5) of Income Tax Act
Facts of the
CaseThe petitioner, Nokia Corporation, filed a writ
petition seeking directions to the Income Tax Department to pass appeal effect
orders and grant refunds for Assessment Years 1997–98 to 2007–08.The ...
Lalita Agarwal vs Principal Commissioner of Income Tax & Anr. (2020) – Delhi High Court | Section 148 Notice Issued to Deceased Assessee | Writ Dismissed Due to Alternate Remedy
Facts of the
Case
The impugned notice under Section 148 was issued in the name of the
deceased assessee (petitioner’s husband).
Consequentially, eight assessment orders were passed under Section
144 f...
Commissioner of Income Tax, Delhi vs M/s Nalwa Investment Ltd. & Connected Matters (Delhi High Court) – Taxability of Shares Received in Amalgamation under Sections 45 & 47(vii)
Facts of the
CaseThe Respondent-assessees, including M/s Nalwa
Investment Ltd., were part of the Jindal Group and held shares in Jindal Ferro
Alloys Ltd. (JFAL). Pursuant to a scheme of amalgamation under Sections 391...
Commissioner of Income Tax vs. Nalwa Investment Ltd. & Connected Matters (Delhi High Court, 2020) – Section 47(vii), Section 45 & Taxability of Shares Received in Amalgamation
Facts of the
CaseThe assessee companies, including M/s Nalwa
Investment Ltd., were part of the Jindal Group and held shares in Jindal
Ferro Alloy Ltd. (JFAL).
JFAL amalgamated with Jindal Strips Ltd. (JSL) under a
...
Commissioner of Income Tax-V, New Delhi vs. Nalwa Investment Ltd. & Connected Matters (Delhi High Court) – Section 47(vii), Section 45 & Taxability of Shares Received in Amalgamation
Facts of the
CaseThe Respondent-assessees, including M/s Nalwa
Investment Ltd., were part of the Jindal Group and held shares of Jindal
Ferro Alloys Ltd. (JFAL). Pursuant to a scheme of amalgamation under
Sections 39...
Commissioner of Income Tax vs. Nalwa Investment Ltd. & Connected Matters (Delhi High Court, 2020) – Taxability of Shares Received in Amalgamation under Sections 45 & 47(vii) of the Income Tax Act
Facts of the CaseThe
case pertains to multiple appeals filed by the Revenue under Section 260A of
the Income Tax Act, 1961 against a common order of the Income Tax Appellate
Tribunal (ITAT). The
Respondent-assessees,...
Commissioner of Income Tax (International Tax), Delhi & Ors. vs Authority for Advance Ruling, Income Tax, New Delhi & Anr. (2020) – Jurisdiction under Section 245R(2) of Income Tax Act
Facts of the CaseThe present writ petition was filed by the Income Tax
Department challenging the order dated 24 June 2019 passed by the Authority for
Advance Rulings (AAR). The challenge was based on the contention th...