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Commissioner of Income Tax, Delhi-II vs M/s Modi Spinning & Weaving Mills Co. Ltd. (Delhi High Court) – Whether Disallowance under Section 43B Can Be Made While Processing Return under Section 143(1)(a) Without Calling for Evidence
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
(ITAT) relating to Assessment Year 1990-91.The assessee, M/s Modi Spinn...
Commissioner of Income Tax vs Dr. Indu Bala Chhabra (Delhi High Court) – Whether Sale of Property Constituted Capital Gains or an Adventure in the Nature of Trade under Sections 45(2), 54F and 260A of the Income-tax Act, 1961
Facts of the CaseThe assessee, Dr. Indu Bala Chhabra, was engaged in the
medical profession. For the Assessment Year 1991-92, she filed her return
declaring professional income.During assessment proceedings, the Assess...
Commissioner of Income Tax, Delhi-XVI vs Shri R.V. Gupta (2002): Sale of Flats on Long-Held Property Held Taxable as Long-Term Capital Gains and Not Business Income under Section 45 of the Income Tax Act, 1961
Facts of the CaseThe assessee, Shri R.V. Gupta, a senior IAS officer, was
allotted a residential plot measuring 664 square metres by the Delhi
Development Authority (DDA) in 1971 under a group housing scheme. The plot ...
Commissioner of Income Tax vs. Shri Shyam Sales (2004) | Delhi High Court Judgment on Perverse Tribunal Orders, Lack of Speaking Orders, and Remand for Fresh Adjudication under the Income-tax Act, 1961
Facts of the CaseThe Revenue (Income Tax Department) preferred a batch of
income tax appeals (ITA Nos. 379/2003, 382/2003, 422/2003, 378/2003, 413/2003,
491/2003, 388/2003, and 390/2003) before the Hon'ble Delhi High C...
Commissioner of Income Tax vs. M/s Shri Shyam Sales: Delhi High Court Reaffirms Jurisdictional Limits Under Section 260A, Dismissing Revenue's Income Tax Appeal on Settled Law by Relying Upon CIT vs. Gujarat State Fertilizers Co. Ltd.
Facts of the CaseThe appellant in this matter, the Revenue (represented by the
Commissioner of Income Tax), formally instituted two interconnected statutory
appeals, designated as ITA Nos. 94/2004 and 49/2004, before t...
Shri Shyam Sales v. Deputy Commissioner of Income Tax: High Court Reaffirms Judicial Discipline and Binding Precedents Under Section 254 of the Income Tax Act, 1961
Facts of the CaseThe petitioner, M/s Shri Shyam Sales, filed writ petitions
before the High Court of Delhi challenging certain impugned orders passed by
the income tax authorities. The core grievance stemmed from the A...
M/s Super Cassettes Industries Ltd. vs Assistant Commissioner of Income Tax (Delhi High Court) – Validity of Special Audit under Section 142(2A) Despite Tax Audit under Section 44AB
Facts of the CaseThe
petitioner, M/s Super Cassettes Industries Ltd., was engaged in the business of
manufacturing and sale of audio cassettes, video cassettes, compact discs,
television-related products and allied co...
Maruti Udyog Ltd. vs Income-tax Appellate Tribunal & Others (Delhi High Court): Whether ITAT Can Admit Additional Grounds of Appeal Without Recording Reasons – Rule 11 of ITAT Rules Explained
Facts of the CaseThe Revenue
had filed several appeals before the Income-tax Appellate Tribunal relating to
Assessment Years 1991-92 to 1995-96. During the pendency of those appeals, the
Revenue sought permission to r...
Commissioner of Income Tax-II & Anr. vs M/s Rahuljee & Co. (2000) – Penalty under Section 271(1)(c) Not Leviable Where Explanation is Bona Fide
Facts of the CaseThe
assessee obtained an export order for supply of imported video cassettes to
Czechoslovakia. It secured an import licence for importing video cassettes from
a Korean company in Semi Knocked Down (S...
Commissioner of Income Tax, Delhi-II vs M/s Delhi Cattle Breeding Farms (P) Ltd. – Capital Gains on Agricultural Land to be Included for Section 104 Dividend Distribution Test | Sections 104 & 109 of the Income-tax Act, 1961
Facts of the CaseThe assessee-company
was a private limited company engaged in agricultural and dairy farming
activities. For Assessment Years 1974-75 and 1975-76, the company did not
declare dividends despite having ...