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Broadcast Rights Income of Non-Resident Sports Body Taxable Only as Royalty Under DTAA; No Business Income in Absence of Permanent Establishment – PCIT (International Taxation)-1 vs. Cricket Australia (Delhi High Court)
Facts of the CaseThe Revenue filed an appeal under Section 260A of the
Income-tax Act, 1961 against the order of the Income Tax Appellate Tribunal
holding that Cricket Australia, a non-resident entity incorporated in A...
Liaison Office and Indian Agents Do Not Constitute Permanent Establishment Under India–USA DTAA; Preparatory and Auxiliary Activities Excluded – CIT (International Taxation)-3 vs. Western Union Financial Services Inc. (Delhi High Court)
Facts of the CaseThe present appeal formed part of a large batch of appeals
filed by the Revenue against orders of the Income Tax Appellate Tribunal
holding that Western Union Financial Services Inc., a non-resident co...
Reassessment Quashed Where Foundational Allegation in Recorded Reasons Collapses; Reasons Cannot Shift Post-Issuance of Section 148 Notice – Subhash Chander Dabas vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Subhash Chander Dabas, filed his return of
income for Assessment Year 2012–13 on 30.09.2012. The return was scrutinised
and assessed under Section 143(3) by an assessment order dated ...
Reopening Beyond Limitation Not Saved by Section 150; Abhisar Buildwell Does Not Override Section 149 – Sanjay Singhal vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Sanjay Singhal, challenged the notice dated
31.08.2024 issued under Section 148A(b), the order dated 24.09.2024 passed
under Section 148A(3), and the consequential notice dated 25.09.20...
Settlement Under Vivad Se Vishwas Scheme Cannot Be Reopened After Issuance of Final Certificate; Modified Form-3 Held Without Authority – S A N Garments Manufacturing Pvt. Ltd. vs. PCIT-7 (Delhi High Court)
Facts of the CaseThe petitioner, S A N Garments Manufacturing Private Limited,
filed its return of income for Assessment Year 2012-13 declaring income of
₹13,57,73,250/-, which was initially accepted. Subsequently, r...
Section 14A Disallowance Cannot Exceed Assessee’s Suo Motu Allocation Absent AO’s Recorded Dissatisfaction; Rule 8D Invocation Invalid – PCIT-7 vs. UK Paints India Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe Revenue filed an appeal under Section 260A of the
Income-tax Act, 1961 challenging the order dated 16.06.2023 passed by the
Income Tax Appellate Tribunal for Assessment Year 2008-09. The assessee, ...
No Disallowance Under Section 14A on Shares Held as Stock-in-Trade; Amortisation of HTM Securities and Pension Fund Contributions Allowed – PCIT-7 vs. Punjab National Bank (Delhi High Court)
Facts of the CaseThe Revenue filed an appeal under Section 260A of the
Income-tax Act, 1961 challenging the order dated 09.01.2019 passed by the
Income Tax Appellate Tribunal for Assessment Year 2009–10. The responde...
Interest Earned on Funds Earmarked for Acquisition of Capital Asset Is Capital Receipt; Not Taxable as Income from Other Sources – PCIT-4 vs. International Coal Ventures Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe assessee, International Coal Ventures Pvt. Ltd., was
incorporated as a special purpose vehicle by five public sector undertakings to
acquire coal mines overseas and ensure coal supply to its promot...
Adjustment of Refund Against Stayed Demand Beyond 20% Is Arbitrary and Contrary to CBDT Instructions; Refund with Interest Directed – Nokia Solutions and Networks India Pvt. Ltd. vs. JCIT (Delhi High Court)
Facts of the CaseThe petitioner, Nokia Solutions and Networks India Pvt. Ltd.,
filed a writ petition challenging the action of the Revenue in adjusting
refunds due for Assessment Years 2008–09 and 2017–18 against a...
Section 54F Exemption Limited to One Residential Unit Where Flats Are Non-Adjacent and Incapable of Merger; Partial Exemption Upheld – Mrs. Kamla Ajmera vs. PCIT (Delhi High Court)
Facts of the CaseThe assessee, Mrs. Kamla Ajmera, inherited a plot of land in
Jaipur after the demise of her husband. The plot, originally purchased in 1983,
was sold during Assessment Year 2013–14 for ₹77,75,000/-...