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Pr. Commissioner of Income Tax, Central-3 vs Ankush Saluja (2019) – Section 68 & 153C IT Act | No Addition Without Incriminating Material | Delhi High Court
Facts of the Case
A
search and seizure operation under Section 132 was conducted on the Saluja
Group.
Cash
and jewellery relating to the assessee (Ankush Saluja) were found at his
father’s ...
PR. Commissioner of Income Tax-4 vs Housing & Urban Development Corporation Ltd. (Delhi High Court) – Section 254(2) Time Limitation & ITAT Rectification Powers
Facts of the CaseThe Revenue filed appeals before the Delhi High Court
challenging orders passed by the ITAT under Section 254(2), whereby the
Tribunal had allowed rectification applications and restored the appeals fo...
Chetan Sabharwal & Anr. vs Assistant Commissioner of Income Tax (Delhi High Court, 2019) – Reopening of Assessment under Sections 147/148 & Validity of “Reasons to Believe”
Facts of the Case
Petitioners
Chetan Sabharwal and Nitin Sabharwal sold shares of Pawan Impex
Pvt. Ltd. and SVIIT Software Pvt. Ltd. through Share Purchase
Agreements.
The
sale consideration ...
Commissioner of Income Tax vs. Jagdish Prasad Gupta (Delhi High Court, 2019) – Section 43B Applicability on Licence Fee & Mercantile Liability
Facts of the
CaseThe assessee, Jagdish Prasad Gupta, was allotted
land by Northern Railways in 1975. Over time, the Railways periodically revised
and enhanced the licence fee, sometimes retrospectively, and also...
PR. Commissioner of Income Tax–2 vs M/s Century Metal Recycling Pvt. Ltd. (2019) – Reassessment u/s 148 Not Sustainable Due to Subsisting CESTAT Order with Liberty to Revive Proceedings
Facts of the CaseThe case concerns reassessment proceedings initiated under Section
148 of the Income Tax Act, 1961 against the assessee company. The original
assessment was completed under Section 143(3) determining a...
Principal Commissioner of Income Tax-6 vs Make My Trip India Pvt. Ltd. (2019) – Payment Gateway Charges Not Liable for TDS under Section 194H | Delhi High Court
Facts of the
CaseThe assessee, Make My Trip India Pvt. Ltd., was
engaged in the business of selling travel products through its online platform.
Customers made payments using internet payment gateways facilitate...
Vashulinga Finance Pvt. Ltd. vs Deputy Commissioner of Income Tax – Section 68 Addition on Share Application Money Upheld by Delhi High Court (ITA No. 811/2019)
Facts of the CaseThe assessee company filed its return declaring Nil
income, though tax was paid under Section 115JB on book profits. During
scrutiny, it was observed that the assessee received ₹1.17 crore as share
...
Commissioner of Income Tax vs. Bhagwan Shree Laxmi Narain (Delhi High Court, 2019) – Exemption under Sections 11 & 12 Allowed Despite Religious Activities; No Violation of Section 13(1)(c) or Section 115BBC
Facts of the CaseThe Respondent-assessee is a trust established through a
Trust Deed dated 30.12.2002 and registered under Section 12A of the Income Tax
Act, 1961. The trust was engaged in imparting spiritual edu...
Principal Commissioner of Income Tax-6 vs Nalwa Sons Investment Ltd. (2019) – Section 14A, 68, 73 & 36(1)(vii) | Delhi High Court
Facts of the
CaseThe case involves appeals filed by the Revenue
under Section 260A of the Income Tax Act against the order of the Income Tax
Appellate Tribunal (ITAT) concerning assessment years 2005-06 and 2006...
Chetan Sabharwal & Anr. vs Assistant Commissioner of Income Tax, Circle 28(1) (Delhi High Court, 2019) – Reopening of Assessment under Sections 147/148 & Validity of “Reason to Believe”
Facts of the CaseThe petitioners, Chetan Sabharwal and Nitin Sabharwal, along
with other shareholders, entered into Share Purchase Agreements (SPAs) for sale
of shares of Pawan Impex Pvt. Ltd. and SVIIT Software Pvt. L...