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APHV India Investco Pvt. Ltd. vs Assistant Commissioner of Income Tax (Delhi High Court, 2023) – Assessment Order Set Aside Due to Violation of Natural Justice under Sections 142(1), 148 & 271(1)(c) of Income Tax Act
Facts of the
CaseThe petitioner, APHV India Investco Private
Limited, filed multiple writ petitions under Article 226 challenging
assessment proceedings for AY 2015–16 and 2016–17. The petitions contested:
Draft...
Pr. Commissioner of Income Tax (Central-1) vs Surya Agrotech Infrastructure Ltd & Ors – Double Taxation on Share Capital u/s 68 not Permissible where Income Already Taxed in Settlement Proceedings (Delhi High Court
Facts of the Case
The assessees were part of the Priya Gold Group of Companies.
A search under Section 132 was conducted on 16.12.2014.
Statement of Director Shri Shekhar Aggarwal recorded under Section
132...
PR. Commissioner of Income Tax Centre-2 vs M/s S.G. Portfolio Pvt. Ltd. | Delhi High Court | Sections 143(2), 147, 148, 151, 153C of Income Tax Act – Invalid Reassessment Due to Lack of Mandatory Notice & Mechanical Approval
Facts of the
CaseThe present appeals were filed by the Revenue
before the Delhi High Court challenging a common order of the Income Tax
Appellate Tribunal concerning Assessment Years 2007–08 and 2008–09.
A surve...
APHV India Investco Private Limited vs Assistant Commissioner of Income Tax (Delhi High Court) – Violation of Natural Justice in Assessment Proceedings under Income Tax Act
Facts of the CaseThe petitioner, APHV India Investco Private
Limited, filed multiple writ petitions challenging assessment orders, draft
assessment orders, demand notices, and penalty orders for Assessment Years
2015â...
PR. Commissioner of Income Tax (Central-1) vs Surya Agrotech Infrastructure Ltd & Ors – No Double Taxation on Share Capital Routed from Already Taxed Income (Section 68, Section 132, Section 245I, Section 260A)
Facts of the
CaseThe respondents/assessees were companies forming
part of the Priya Gold Group. A search under Section 132 was conducted, during
which a statement of the group’s director was recorded admitting undis...
APHV India Investco Private Limited vs Assistant Commissioner of Income Tax, Circle Int Tax 1(1)(1), Delhi – Delhi High Court (Violation of Natural Justice under Sections 142(1), 148 & 271(1)(c) of Income Tax Act)
Facts of the
CaseThe petitioner, APHV India Investco Private
Limited, filed multiple writ petitions challenging assessment proceedings for
AY 2015–16 and 2016–17.The Revenue claimed that multiple notices under
Se...
PR. Commissioner of Income Tax, Central-2 vs M/s S.G. Portfolio Pvt. Ltd. | Delhi High Court | Section 147/148/143(2)/151 | Reassessment Invalid for Non-Issuance of Mandatory Notice
Facts of the
Case
A survey under Section 133A was conducted in the group cases
including the assessee company.
Assessment was initially completed under Section 143(3) read with
Section 153C with substan...
PR. Commissioner of Income Tax (Central-II), Delhi vs Thapar Homes Limited – Limitation for Penalty under Section 271E read with Section 275(1)(c) of Income Tax Act
Facts of the
CaseThe present appeal pertains to Assessment Year (AY)
2008–09. The assessment order was passed on 31.12.2010 under Sections
153A/143(3) of the Income Tax Act, 1961. During the assessment proceedings, ...
Pr. Commissioner of Income Tax-4 vs Global Logic India Limited (Delhi High Court) – Treatment of Forex Gain & Exclusion of Comparables under Transfer Pricing (AY 2011–12)
Facts of the
CaseThe appeal was filed by the Revenue challenging the
order of the Income Tax Appellate Tribunal (ITAT) dated 30.10.2018. The dispute
arose in relation to transfer pricing adjustments concerning the res...
Sateesh Kumar vs Income Tax Officer Ward-28(5), Delhi & Ors. | Delhi High Court | W.P.(C) 9732/2023 | Sections 147, 148A(d), 144, 251 Income Tax Act
Facts of the
Case
The Assessing Officer passed an order under Section 148A(d) dated
28.07.2022, followed by an assessment order dated 31.05.2023.
The assessment was framed under Sections 147 read with 144 for...