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Oracle India Private Limited & Oracle Software India Limited vs Commissioner of Income Tax (Delhi High Court) - Whether Cost of Imported Software Master Copy for Duplication is Capital or Revenue Expenditure under Sections 37 and 35A of the Income Tax Act, 1961
Facts of the
CaseOracle India Private Limited and Oracle Software
India Limited were subsidiaries of Oracle Corporation, USA and operated under a
license agreement dated 28 May 1993.Under the agreement:
The assessee...
Commissioner of Income Tax, Delhi XVI vs Arun Malhotra - Delhi High Court on Block Assessment under Section 158BC, Bogus Purchase Transactions, Cross-Examination Rights and Section 69A Addition [2013:DHC:6051-DB]
Facts of the
Case
Search and seizure proceedings were conducted against Arun Malhotra
on 14 July 1999.
Pursuant to notice under Section 158BC, the assessee filed a return
declaring undisclosed income of ...
Oracle System Corporation vs Deputy Director of Income Tax | Delhi High Court | Reopening of Assessment under Sections 147 & 148 of Income Tax Act Beyond Four Years Quashed
Facts of the
CaseThe present writ petition pertained to Assessment
Year 2004–05. The petitioner challenged the notice issued under Section
148 dated 28.03.2011 and the consequential reassessment proceedings,
includ...
M/s Today Homes & Infrastructure (P) Ltd. & Today Hotels Pvt. Ltd. vs Commissioner of Income Tax (Central)-III & Others, Section 226 | Delhi High Court on Withdrawal of Writ Petition with Liberty to Challenge Settlement Commission Order
Facts of the Case
The petitioners filed writ petitions before the Delhi High Court
relating to proceedings involving the Settlement Commissioner.
During the pendency of the writ petitions, rectification
a...
Commissioner of Income Tax Vs. Sudhir Jain | Delhi High Court on Section 271AAA Penalty on Surrendered Income Assessed in AOP Members' Hands
Facts of the
CaseDuring a search operation, an amount of Rs. 20
crores was surrendered as undisclosed income and the tax liability was agreed
to be discharged in accordance with the statement recorded under Section 13...
Pr. Commissioner of Income Tax-4 vs G & G Pharma India Ltd | Reopening of Assessment under Section 147/148 of Income Tax Act, 1961 | Jurisdictional Requirement for Assessing Officer
Fact of the Case
The
Assessee, G & G Pharma India Ltd, filed its return for AY
2003-04 on 14th November 2004, declaring income of Rs. 1,190, processed
under Section 143(3).
More
than six...
Commissioner of Income Tax-IV vs M/s Global Vantedge Pvt. Ltd. | Delhi High Court on Transfer Pricing Adjustment, Arm's Length Price Restriction & Comparable Selection under Section 144C of the Income Tax Act
Facts of the
CaseM/s Global Vantedge Pvt. Ltd. was an Indian company
incorporated under the Companies Act, 1956 and a subsidiary of Global Vantedge
(Mauritius) Limited. The company operated from Gurgaon, Haryana and c...
Director of Income Tax (Exemption) Vs. Indian Trade Promotion Organisation & Connected Matters - Depreciation on Capital Assets as Application of Income under Section 11(1)(a) of the Income Tax Act | Delhi High Court
Facts of the
CaseMultiple appeals were filed by the Revenue
involving charitable institutions and trusts, including Indian Trade Promotion
Organisation and other entities, raising a common issue concerning
interpreta...
Oracle Systems Corporation vs Assistant Director of Income Tax, Circle 2(1), International Taxation, New Delhi High Court | W.P.(C) Nos. 12856/2009 & 12870/2009 | Decided on 08.10.2015
Facts of the
Case
Oracle Systems Corporation, a US-based company, was engaged in
software supply and replication business.
Original assessments for AY 2002-03 and AY 2003-04 were completed
under Section ...
Commissioner of Income Tax vs N Tarika Properties Investment Pvt. Ltd. | Section 68 Share Application Money Case – Bogus Share Capital, Creditworthiness & Genuineness of Transaction under Income Tax Act
Facts of the
CaseThe assessee filed its return for Assessment Year
2001–02 declaring income of Rs.1,42,508 and assessment was completed under
Section 143(3). Subsequently, information was received from the Investiga...