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Penalty Under Section 271C Time-Barred Where JCIT Delays Action After AO’s Reference; Initiation Begins With First Step – CIT (TDS)-2 vs. Turner General Entertainment Networks India Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe assessee, Turner General Entertainment Networks India Pvt.
Ltd., filed its return of income for Assessment Year 2011–12 on 30.11.2011
declaring a loss of ₹2,62,04,18,432/-. The tax audit report...
Penalty Order Invalid If Issued Beyond Reasonable Period Despite Absence of Statutory Trigger; Limitation Under Section 275(1)(c) Strictly Enforced – CIT (TDS)-1 vs. Adma Solutions Pvt. Ltd. (Delhi High Court)
Facts of the CaseThe assessee, M/s Adma Solutions Pvt. Ltd., formerly known as
M/s Infovision Information Services Pvt. Ltd., is engaged in the business of
providing call centre services. A survey under Section 133A of...
Reassessment Set Aside Where AO Misreads Ledger and Ignores Detailed Reply; Mechanical Approval Under Section 148A(d) Invalid – Yogender Mohan Rustagi vs. ACIT (Delhi High Court)
Facts of the CaseThe petitioner, Yogender Mohan Rustagi, challenged the notice
dated 08.08.2024 issued under Section 148A(b), the order dated 31.08.2024
passed under Section 148A(d), and the consequential notice dated ...
Reassessment Beyond Limitation Invalid Without Specific Finding or Direction Under Section 150; Statement-Based Disclosure Insufficient – PCIT (Central)-1 vs. Capital Power Systems Ltd. (Delhi High Court)
Facts of the CaseA search and seizure operation under Section 132 of the
Income-tax Act, 1961 was conducted on 26.06.2006 in the Capital Meter Group.
During post-search proceedings, a letter dated 01.09.2006 was submit...
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, ...