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Acquittal under Sections 276B and 278B Upheld Where Reasonable Cause for Delay in TDS Deposit Established under Section 278AA – ITO vs. MKY Constructions Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe Income Tax Department filed three criminal
leave petitions challenging a common judgment dated 28.10.2021 passed by the
Trial Court acquitting MKY Constructions Private Limited (formerly Action
Br...
Reassessment for AY 2015–16 Issued After 1 April 2021 Liable to Be Dropped in View of Revenue Concession in Rajeev Bansal; Section 148 Notice Quashed – Gain Capital Pvt. Ltd. vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Gain Capital Private Limited,
filed a writ petition impugning the order dated 25.07.2022 passed under Section
148A(d) of the Income-tax Act, 1961 and the consequential notice dated
27....
Reassessment for AY 2015–16 Issued After 1 April 2021 Liable to Be Dropped in View of Revenue Concession in Rajeev Bansal; Section 148 Notice Quashed – Chandra Prakash Srivastava vs. ITO (Delhi High Court)
Facts of the CaseThe petitioner, Chandra Prakash Srivastava,
ex-director of Aten Portfolio Managers Private Limited (now dissolved), filed a
writ petition challenging the order dated 28.07.2022 passed under Section
14...
Extended 16-Year Limitation under Section 149(1)(c) Not Retrospective; Reassessment Notices for Concluded Years Quashed – BJN Holdings (I) Ltd. vs. DCIT (Delhi High Court)
Facts of the CaseBJN Holdings (I) Ltd. filed multiple writ
petitions challenging notices issued under Section 148 of the Income-tax Act,
1961 for various assessment years ranging from AY 1998–99 to AY 2005–06. The
...
Reassessment Notice for AY 2013–14 Issued Beyond Permissible Time under Section 149 Quashed; Limitation Computed as per Rajeev Bansal and Ram Balram Buildhome – Ameya Commercial Projects Pvt. Ltd. vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Ameya Commercial Projects Private
Limited, filed a writ petition challenging the order dated 22.07.2022 passed
under Section 148A(d) of the Income-tax Act, 1961 and the consequential no...
Reassessment Notice Issued Beyond Extended Limitation under Section 149 Quashed; Time Computation Governed by Rajeev Bansal and Ram Balram Buildhome – Accolade Holdings Pvt. Ltd. vs. ITO (Delhi High Court)
Facts of the CaseThe petitioner, Accolade Holdings Private Limited,
formerly known as Blue Eye Entertainment Private Limited, filed a writ petition
challenging the order dated 31.07.2022 passed under Section 148A(d) of...
ITAT Order Set Aside for Lack of Reasoned Findings on Transfer Pricing Comparables; Matter Remanded for Fresh Adjudication – TPG Software Pvt. Ltd. vs. DCIT (Delhi High Court)
Facts of the
CaseThe assessee, TPG
Software Pvt. Ltd., filed an appeal under Section 260A of the Income-tax Act,
1961 challenging the order dated 11.09.2023 passed by the Income Tax Appellate
Tribunal in ITA No. 6468...
Prosecution under Section 276CC Cannot Be Sustained in Absence of Wilful Default; Mens Rea Not Established Despite Service of Section 153A Notice – PCIT (Central-1) vs. Prabodh Kumar Tiwari (Delhi High Court)
Facts of the
CaseThe Revenue filed
multiple criminal leave petitions under Sections 378(2)(b) and 378(3) of the
Code of Criminal Procedure challenging a common order of acquittal passed by
the Appellate Court for Ass...
Prosecution under Section 276CC Fails in Absence of Wilful Default Despite Service of Section 153A Notice; Acquittal Upheld on Merits – PCIT vs. Prabodh Kumar Tiwari (Delhi High Court)
Facts of the
CaseThe Revenue filed
multiple criminal leave petitions under Sections 378(2)(b) and 378(3) of the
Code of Criminal Procedure challenging a common order of acquittal passed by
the Appellate Court in resp...
Reassessment for AY 2014–15 Reconsidered in Light of Rajeev Bansal; Matter Remanded to AO to Examine Limitation Afresh – Swadeshi Tubes Ltd. vs. ACIT (Delhi High Court)
Facts of the
CaseThe petitioner,
Swadeshi Tubes Ltd., filed a writ petition relating to Assessment Year 2014–15
challenging the foundational notice dated 29.06.2021 issued under Section 148
of the Income-tax Act, 1...