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M/s. Tropex Promotion & Trading Ltd. vs Commissioner of Income Tax (Delhi High Court, 2019) – Reopening u/s 147 Invalid Without Fresh Tangible Material
Facts of the
CaseThe assessee company filed its return for AY
1986–87, which was assessed under Section 143(3) after scrutiny.
During the original assessment, issues relating to share capital, share
transacti...
PR. COMMISSIONER OF INCOME TAX, DELHI-2 vs BSES RAJDHANI POWER LTD. | Section 32 Income Tax Act | Depreciation on Energy Meters & Scope of Remand by AO
Facts of the CaseThe Revenue filed appeals challenging the order of the
Income Tax Appellate Tribunal (ITAT), wherein relief was granted to the
assessee for Assessment Years 2007-08 and 2008-09.The core issue revolved ...
National Projects Construction Corporation Ltd. vs Deputy Commissioner of Income Tax & Anr. (2019) – Delhi High Court on Validity of Special Audit under Section 142(2A) of Income Tax Act
Facts of the
Case
The petitioner, NPCC (a Government PSU), filed return for AY
2016-17 declaring income of ₹18.02 crore.
The return was selected for scrutiny and multiple notices were
issued see...
Sanjivani Non-Ferrous Trading Pvt. Ltd. vs Income Tax Officer Ward 22(3), New Delhi (2019:DHC:2032-DB) Reassessment under Sections 147 & 148 of Income Tax Act upheld – Validity of “Reason to Believe” based on Post-Assessment Survey Material
Facts of the
CaseThe petitioner challenged reassessment proceedings
initiated for AY 2011-12 and 2012-13. The original assessments had been
completed under Section 143(3).The reassessment notices were issued bas...
Khem Chand Mukim vs Principal Director of Income Tax (Investigation) & Ors. (2020) – Delhi High Court | Illegal Search & Seizure under Section 132 of Income Tax Act
Facts of the CaseThe Petitioner, Khem Chand Mukim, proprietor of M/s
Shrimati Gems and Jewels, was engaged in the business of jewellery trading.
He travelled to Guwahati to participate in a jewellery exhibition and was...
Ankush Jain & Vaibhav Jain vs Principal Commissioner of Income Tax-4 (Delhi High Court, 2019) – Income Declaration Scheme (IDS) | Misrepresentation & Suppression of Facts | Section 183 & 193 Finance Act, 2016
Facts of the
CaseThe petitioners, Ankush Jain and Vaibhav Jain,
filed declarations under the Income Declaration Scheme (IDS), 2016
pursuant to Section 183 of the Finance Act, 2016, disclosing undisclosed
income amoun...
Shri Ravinder Kumar vs The Income Tax Officer (Delhi High Court) – Addition under Section 68 for Unexplained Cash Deposits & Reassessment under Sections 147/148 Upheld
Facts of the CaseThe assessee, Shri Ravinder Kumar, had not filed his Income
Tax Return for AY 2010-11. Based on information received through the NMS
system, the Assessing Officer identified cash deposits of ₹15,86,0...
PR. Commissioner of Income Tax, Delhi-21 vs Lalit Bagai | Reassessment u/s 147 Invalid on Change of Opinion & Audit Objection – Delhi High Court
Facts of the
CaseThe assessee, Lalit Bagai, filed his return for AY
2006–07 declaring income of ₹1.02 crore. The case was selected for scrutiny and
assessment was completed under Section 143(3), wherein certain di...
Principal Commissioner of Income Tax-9 vs Om Prakash Jakhotia & Anr (2019) – Delhi High Court on Full & True Disclosure under Section 245C and Invalid Retraction of Statement
Facts of the
CaseThe case arose from a search and seizure
operation conducted on 20.01.2012 at the premises of the assessee group
(Jakhotia group) and related entities. During the search:
Cash of ₹35 lakhs a...
Vanita Sanjeev Anand vs Income Tax Officer Ward 45(1) – Reopening of Assessment u/s 147 & 148 Quashed Due to Non-Application of Mind (Delhi High Court)
Facts of the CaseThe petitioner, a regular assessee, filed her income tax
return for AY 2011–12. Subsequently, based on information from the
Investigation Wing regarding loan transactions with a third party (M/s Dugg...