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Commissioner of Income Tax & Another vs. M/s J.K. Synthetics Ltd. & Another | Delhi High Court on Sections 41(1), 35(2)(ia), 35(1)(iv) & 37(4) of the Income-tax Act, 1961
Facts of the CaseThe dispute pertained to Assessment Year 1982-83. The
Revenue challenged the order of the Income Tax Appellate Tribunal (ITAT) on
four substantial questions of law involving:
Taxability
of liab...
Commissioner of Income Tax v. Bishan Saroop Ram Kishan Agro Pvt. Ltd., ITA Nos. 1775/2010, 1776/2010, 1777/2010, 1965/2010, 2032/2010 to 2039/2010, 2046/2010 & 2047/2010 (Delhi High Court, decided on 27.05.2011)
Facts of the CaseThe assessee, Bishan Saroop Ram Kishan Agro Pvt. Ltd., filed
returns for various assessment years. A search and seizure operation under the
Income Tax Act, 1961 was conducted on 7 October 2004 an...
Commissioner of Income Tax vs. Tulip Star Hotels Ltd. | Delhi High Court | Bad Debt Deduction under Sections 36(1)(vii), 36(2) and Applicability of Section 35D of the Income-tax Act, 1961
Facts of the
CaseAssessment
Year 1998-99The assessee, an NBFC engaged in financing and
leasing activities, had placed a fixed deposit of ₹100 lakhs with Citibank
during the financial year 1994-95. The deposit was p...
Commissioner of Income Tax vs. Radhey Shyam Bansal & Connected Assessees | Mandatory Recording of Satisfaction under Section 158BD Before Initiating Block Assessment Proceedings
Facts of the CaseA search and seizure operation under Section 132 of the Income
Tax Act, 1961 was conducted on 30.08.2000 at the premises of Manoj Aggarwal.
During the search, several documents, diaries and records wer...
CIT vs Ravi Dass Garg & Connected Assessees – Delhi High Court Upholds ITAT Deletion of Search-Based Additions Due to Absence of Any Substantial Question of Law | ITA No. 1950/2010 & Connected Appeals
Facts of the
Case
A search operation was conducted involving Ravi Dass Garg and
related group entities/persons.
Consequent to the search, additions were made by the Assessing
Officer in the cases of vari...
Director of Income Tax vs. M/s. Jacabs Civil Incorporated (and M/s. Mitsubishi Corporation): Section 234B Interest Inapplicable to Non-Residents Whose Tax is Fully Deductible at Source; Section 234D Interest Operates Prospectively
Facts of the CaseThe Revenue preferred a batch of appeals under Section 260A of
the Income Tax Act, 1961, contesting multiple orders of the Income Tax
Appellate Tribunal (ITAT) that deleted interest levied under Sectio...
Commissioner of Income Tax XIII vs. Radhey Shyam Bansal (2011) 337 ITR 217 (Delhi High Court) – Mandatory Satisfaction Note under Section 158BD of the Income-tax Act
Facts of the CaseA search under Section 132 of the Income-tax Act, 1961 was
conducted at the premises of Manoj Aggarwal on 30.08.2000. During the search,
various documents and diaries were seized. Based on the seized m...
Commissioner of Income Tax vs. Modi Xerox | Delhi High Court | Section 10B Deduction for 100% Export Oriented Unit (EOU) and Allowability of Sales Commission under Section 37 of the Income-tax Act, 1961
Facts of the
Case
Modi Xerox was engaged in the manufacture and sale of Xerox
machines and related products.
For Assessment Year 1997-98, the assessee declared nil taxable
income and disclosed income und...
Director of Income Tax vs. M/s. Jacabs Civil Incorporated (and M/s. Mitsubishi Corporation): Section 234B Interest Cannot Be Fastened on Non-Resident Corporate Assessees where Tax is 100% Deductible at Source by Payer
Facts of the CaseThe Revenue preferred a batch of appeals under Section 260A of
the Income Tax Act, 1961, challenging a series of orders passed by the Income
Tax Appellate Tribunal (ITAT) which had deleted interest lev...
Commissioner of Income Tax XIII vs. M/s Shri Chamunda Securities Pvt. Ltd. | Mandatory Recording of Satisfaction under Section 158BD Before Initiating Block Assessment Proceedings
Facts of the CaseThe present appeal formed part of a batch of appeals involving
interpretation of Section 158BD of the Income-tax Act, 1961. A search under
Section 132 was conducted in the case of Manoj Aggarwal on 30....