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Commissioner of Income Tax vs Vimal Moulders (India) Ltd. | Addition on Alleged Stock Discrepancy Cannot Survive Without Independent Evidence After CESTAT Exoneration | Delhi High Court
Facts of the CaseThe Anti-Evasion Wing of the Central Excise
Department conducted a visit to the factory premises of Vimal Moulders (India)
Ltd. and reported discrepancies in stock.Relying upon the findings emerging fr...
Commissioner of Income Tax vs. Dr. Percy Batlivala (& Consolidated Appeals) | Whether Hypothetical Tax Deducted under Tax Equalization Policy is Taxable as Salary Income under Section 15 of the Income Tax Act, 1961: Delhi High Court Verdict
Facts of the Case
The
Assessees in all the consolidated appeals were foreign nationals who were
deputed to India on specific assignments by their respective foreign
employers.
While
on assign...
Commissioner of Income Tax vs. SIL Investments Ltd. [2010] 2010:DHC:2591-DB (Delhi High Court) under Section 147 of the Income-tax Act, 1961
Facts of the CaseThe assessee, SIL Investments Ltd., had originally
been assessed for Assessment Years 2001-02 and 2002-03. Subsequently, the
Revenue sought to reopen the completed assessments under Sections 147 ...
Kali Metals Pvt. Ltd., Kamdhenu Cement Ltd. & Kamdhenu Industries Ltd. Vs. Commissioner of Income Tax (CIT) Delhi & Anr. – Validity of Case Transfer Orders Under Section 127 of the Income Tax Act, 1961 Without Affording a Mandatory Reasonable Opportunity of Being Heard and the Adherence to Principles of Natural Justice.
Facts of the Case
Impugned
Transfer Order: On January 19, 2009, the Commissioner of
Income Tax (CIT), Delhi-II, New Delhi, issued an order under Section 127
of the Income Tax Act, 1961, transferring t...
Commissioner of Income Tax vs. SIL Investments Ltd. | Reassessment under Section 147 Cannot Be Reopened Beyond Four Years Solely Due to Retrospective Amendment to Section 80HHC – Delhi High Court
Facts of the
CaseThe assessee, SIL Investments Ltd., had filed its
income tax returns and the assessments were originally completed under the
provisions of the Income-tax Act.Subsequently, Section 80HHC was amended
r...
Director of Income Tax vs M.S. Education Society (Delhi High Court) – Revenue Appeals Dismissed as No Substantial Question of Law Arose under Section 260A of the Income Tax Act
Facts of the Case
The Income Tax Appellate Tribunal passed a common order dated 22
January 2009 covering Assessment Years 1995-96, 1996-97 and 1998-99.
Aggrieved by the Tribunal's decision, the Revenue filed a...
Commissioner of Income Tax vs. Sahara India Mass Communication: Deletion of Income Tax Additions on Account of Excessive Newsprint Wastage Book Results and Admission of Additional Ground of Expenditure
Facts
of the Case·
The
assessee, M/s Sahara India Mass Communication, filed its original return of
income for the Assessment Year (AY) 1994-95, declaring a loss of ₹...
Commissioner of Income Tax vs. [Assessee/Respondent] | Scope of Section 41(1) Creditor Confirmations, Salary Expense Disallowance vs. Form 16 TDS Evidence, and Interest Expenses Covered by Precedents under ITA No. 1340/2009
Facts of the CaseThe Revenue (Appellant) filed an appeal challenging the
order of the Income Tax Appellate Tribunal (ITAT), which had upheld the
decision of the Commissioner of Income Tax (Appeals) [CIT(A)] to delete t...
Commissioner of Income Tax vs. Mercator Healthcare Ltd. (Delhi High Court): Once Identity, Bank Records, and Tax Returns of Share Applicants Are Verified, No Addition Can Be Sustained Under Section 68 of the Income-tax Act, 1961
Facts
of the Case·
The
respondent-assessee received share application money amounting to ₹20 lakhs
from 10 different share applicants during the Assessment Year (AY)...
Commissioner of Income Tax vs SMCC Construction India (Formerly Mitsui Kensetsu India Ltd.) | Prior Period Technical Service Fees Allowable on TDS Payment under Section 40(a)(i) – Delhi High Court
Facts of the Case
The assessee incurred liability towards payment of technical
service fees to a foreign entity.
The liability related to earlier years but was not reflected as
payable in the books becau...