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Commissioner of Income Tax-VI v. TEI Technology Pvt. Ltd. (Delhi High Court) – Technical Support Fee Held as Revenue Expenditure and Not Capital Expenditure | ITA Nos. 617/2010 & 618/2010
Facts of the CaseThe Revenue filed appeals before the Delhi High Court
challenging the common order dated 28.07.2009 passed by the Income Tax
Appellate Tribunal (ITAT) for Assessment Years 2004-05 and 2005-06.The dispu...
CIT vs. M/s Pepsico India Holdings (P) Ltd.: Are Neon and Glow Sign Advertising Expenditures Revenue or Capital in Nature under Section 37(1) of the Income Tax Act?
Facts of the CaseThe Revenue (Appellant) challenged the order of the Income
Tax Appellate Tribunal (ITAT) concerning the respondent-assessee, M/s Pepsico
India Holdings (P) Ltd., for multiple assessment years. The core...
Commissioner of Income Tax-VI vs. TEI Technology Pvt. Ltd. – Whether Technical Support Fee Constitutes Revenue Expenditure or Capital Expenditure under the Income-tax Act | Delhi High Court [2010:DHC:12075-DB]
Facts of the Case
The
Revenue filed appeals against the composite order dated 28.07.2009 passed
by the Income Tax Appellate Tribunal relating to Assessment Years 2004-05
and 2005-06.
The
issue...
Commissioner of Income Tax vs. Hutchison Essar Telecom Ltd. – Proceedings under Sections 201 & 201(1A) Barred by Limitation Beyond Four Years | Delhi High Court (2010:DHC:2043-DB)
Facts of the Case
The
Revenue preferred the present appeal against a common order dated
05.03.2009 passed by the Income Tax Appellate Tribunal (ITAT).
Before
the Tribunal, the assessee raised a prel...
Commissioner of Income Tax vs. Hutchison Essar Telecom Ltd. [2010] 2010:DHC:2044-DB (Delhi High Court) – Proceedings under Sections 201 & 201(1A) Cannot Be Initiated Beyond the Reasonable Limitation Period
Facts of the Case
The
Revenue filed appeals against a common order dated 05.03.2009 passed by
the Income Tax Appellate Tribunal (ITAT).
The
assessee, Hutchison Essar Telecom Ltd., raised a prelimina...
Commissioner of Income Tax vs. New Palace Store: Valuation of Excess Stock Discovered During Survey Under Section 133A – Tag Price vs. Discounted Sale Price for Inventory Assessment
Facts of the Case
The
respondent/assessee operates a retail business selling readymade garments.
An
income tax survey was conducted at the business premises of the assessee
under the Income Tax Act,...
G.S. Pharmbutor Pvt. Ltd. vs Commissioner of Income Tax-IV & Another (Delhi High Court, 2010) | Reassessment under Sections 147 & 148 – Requirement of Proper Disposal of Objections by Assessing Officer
Facts of the Case
The
petitioner, G.S. Pharmbutor Pvt. Ltd., had undergone regular assessments
under Section 143(3) of the Income-tax Act, 1961 for Assessment Years
2003-04 and 2004-05.
After
...
Commissioner of Income Tax v. M/s. Oracle India Pvt. Ltd. (2011) — Judgment under Section 260A, Section 92, and Section 37(1) of the Income Tax Act
Facts of the CaseThe assessee, M/s. Oracle India Pvt. Ltd., is a 100%
subsidiary of Oracle Corporation, USA. The assessee imports master copies of
software from its parent company, duplicates them onto blank discs, and...
Naresh Behal v. Chief Commissioner of Income Tax, Delhi-VIII & Others [2010] 2010:DHC:11512 (Delhi High Court) – Information Relating to Income Tax Investigation Exempt from Disclosure under Section 24 of the RTI Act
Facts of the Case
The
petitioner, Naresh Behal, was married to Ms. Namrata Behal on 17 January
2000.
Subsequently,
matrimonial disputes arose between the parties.
In
proceedings before the C...
M/s KAS Movie Makers Pvt. Ltd. v. Commissioner of Income Tax-II [2010] 2010:DHC:2124-DB (Delhi High Court) – Deduction under Section 80HHF Denied Where Assessee Rendered Production Services Without Ownership or Export of Film Software
Facts of the Case
The
assessee, M/s KAS Movie Makers Pvt. Ltd., was engaged in providing
professional services to foreign clients for shooting cinematographic
films in India.
For
Assessment Ye...