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Dec 06 2019 (HC)

M/S. Mfar Constructions Pvt. Ltd. Vs. Additional Commissioner of Comme ...

Court : Karnataka

..... the authorities are barred from processing the return filed under the it act, 1961 just because it is not filed within the time stipulated either under section 139[1]. or 139[4 ..... this proposition. however, the dispute herein is the claim of input tax made without claiming such credit in the returns.22. in the case of a.balakrishnan v/s. general manager and another, reported in ilr2007kar1336 the learned single judge of this court in the context of section 139 of the income tax act, 1961, held that the said provision does not indicate that ..... ]. of the said act. a return filed is bound to be processed by the income tax authorities for which purpose they are meant unless there is an embargo placed.23. in the case of state of karnataka vs. centum industries private limited case, reported in ..... [2015]. 77 vst117[karn]., the division bench of this court interpreting section 10[3]. of the act inasmuch as the belated claim made by .....

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Dec 02 2019 (HC)

Rolls-Royce Plc vs.deputy Director of Income Tax, Circle-2(1), Interna ...

Court : Delhi

..... not raise a substantial question of law.7. the further submission of mr. billimoria is that the amendment incorporated in the second explanation in section 9(1) of the income tax act with effect from 1st april, 2019 would not have retrospective application. this submission has no merit. this is for the reason that while determining the issue whether rril constituted ..... of the revenue vide its decision dated 30th august, 2011 reported as [2011]. 13 taxmann.com 233 (delhi) rolls royce ita9692019 page 1 of 8 plc vs. director of income-tax (international taxation) that the rolls- royce india ltd (hereinafter referred to as rril?), a hundred percent subsidiary of the appellant, constituted permanent establishment (hereinafter referred to as pe?) ..... new delhi ita9692019 ita9702019 ita9722019 ita9732019 ita9742019 rolls-royce plc ..... appellant through: mr.percival billimoria, mr.sr patnaik, mr.thangadurai vp and mr.sidharth thakur, advocates versus deputy director of income tax, circle-2(1), international taxation, new delhi ..... respondent through: ms.lakshmit gurung, senior standing cousnel with mr.talha a rahman, mr.siddharth gupta and mr. shaz khan, advocates ..... the substituted clause (a) of explanation-2 to section 9(1) of the act, with effect from 1st april, 2019.8. another argument advanced by mr. billimoria is that the income of the assessee, on the basis that rril constituted its pe, has already been subjected to tax in the hands of pe i.e. rril, and the revenue is seeking .....

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Dec 02 2019 (HC)

Rolls-Royce Plc vs.deputy Director of Income Tax

Court : Delhi

..... not raise a substantial question of law.7. the further submission of mr. billimoria is that the amendment incorporated in the second explanation in section 9(1) of the income tax act with effect from 1st april, 2019 would not have retrospective application. this submission has no merit. this is for the reason that while determining the issue whether rril constituted ..... of the revenue vide its decision dated 30th august, 2011 reported as [2011]. 13 taxmann.com 233 (delhi) rolls royce ita9692019 page 1 of 8 plc vs. director of income-tax (international taxation) that the rolls- royce india ltd (hereinafter referred to as rril?), a hundred percent subsidiary of the appellant, constituted permanent establishment (hereinafter referred to as pe?) ..... new delhi ita9692019 ita9702019 ita9722019 ita9732019 ita9742019 rolls-royce plc ..... appellant through: mr.percival billimoria, mr.sr patnaik, mr.thangadurai vp and mr.sidharth thakur, advocates versus deputy director of income tax, circle-2(1), international taxation, new delhi ..... respondent through: ms.lakshmit gurung, senior standing cousnel with mr.talha a rahman, mr.siddharth gupta and mr. shaz khan, advocates ..... the substituted clause (a) of explanation-2 to section 9(1) of the act, with effect from 1st april, 2019.8. another argument advanced by mr. billimoria is that the income of the assessee, on the basis that rril constituted its pe, has already been subjected to tax in the hands of pe i.e. rril, and the revenue is seeking .....

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Nov 22 2019 (HC)

Union of India vs.maqbool Ahmed Qureshi & Ors.

Court : Delhi

..... exercise administrative or financial powers vested in the full-fledged incumbent of the post but he cannot exercise statutory powers, whether those powers are derived direct from an act of parliament, e.g., income tax act or rules, regulations and by- laws made under various articles of the constitution, e.g., fundamental rules, classification, control and appeal rules, w.p. (c) 6132/2017 page ..... an officer: (i) when an officer is required to discharge all the duties of the other post including the statutory functions, e.g., exercise of power derived from acts of parliament such as income tax act or the rules, regulations, by-laws made under various articles of constitution such as frs, ccs (cca) rules, csrs., dfprs., etc., then steps should be taken to process ..... ? cannot be filled up prior to obtaining its revival? from department of expenditure. c. statutory posts, the name and level/ pay scale of which is specifically provided for in an act of parliament, are exempted from falling in the category of deemed abolished? on remaining vacant for a period of more than 2 years. only the posts mentioned in statute may .....

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Nov 15 2019 (HC)

Vashulinga Finance Pvt. Ltd. Vs.deputy Commissioner of Income Tax

Court : Delhi

..... 1 of 8 30.11.2004 declaring nil? income. however, tax was paid under section 115jb on the book profit of rs.24,86,664 ..... order dated 03.11.2008 of cit (appeals).2. the cit (appeals) had deleted the addition of rs.1.17 crore made by the assessing officer on account of unexplained cash credits under section 68 of the income tax act. the assessee had filed its return of income on ita no.811/2019 page ..... j.(oral) 1. the appellant has preferred the present appeal to assail the order dated 18.04.2019 passed by the income tax appellate tribunal, delhi bench d : delhi in ita no.190/del/2009 in respect of the assessment year 2004-05. the tribunal has allowed ..... finance pvt.ltd. ..... appellant through: dr. rakesh gupta, ms. monika ghai, ms. tani malik and mr. rohit kumar gupta, advocates. versus deputy commissioner of income tax ..... respondent through: ms. vibhooti malhotra and mr.siddharth manocha, advocates. coram: hon'ble mr. justice vipin sanghi hon'ble mr. justice sanjeev narula vipin sanghi, ..... year under appeal, copy of the account of the parties in their-books, copy of the bank statements, copy of the income tax returns along with computation of income and balance-sheet. summons issued under section 131 to principal officer of these companies were required to appear in person with similar .....

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Nov 14 2019 (HC)

The Pr. Commissioner of Income Tax-Central-3 vs.ankush Saluja

Court : Delhi

..... . justice vipin sanghi hon'ble mr. justice sanjeev narula sanjeev narula, j.(oral):1. the present appeal under section 260a of the income tax act (hereinafter referred to as act?) is directed against the order dated 07.12.2017 passed by the income tax appellate tribunal (hereinafter referred to as itat?) bench b new delhi in ita2047de1/2016 for the assessment year (ay) 2007-08, whereby ..... 68 of the act on account of unexplained cash credit ..... the appeal filed by the appellant against the order of cit (a) dated 25.01.2016, challenging the deletion of additions made under section ..... a.o. is directed to charge interest as per provision of the act, on total income, after giving effect to this order. therefore, for statistical purposes, ground no.9, is treated as allowed.8. in the result, the appeal is partly allowed. 5. aggrieved with the aforesaid order of the cit (a), revenue filed an appeal before the itat. the tribunal concurred with .....

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Nov 14 2019 (HC)

Pr. Commissioner of Income Tax-2 vs.m/s Century Metal Recycling Pvt. L ...

Court : Delhi

..... of 5 revive the re-assessment proceedings, in case the order which forms the basis of issuance of the notice under section 148 of the income tax act being eventually upheld, while making it clear that the assessee could not be entitled to raise a plea of limitation.9. learned counsel for ..... now, the very basis of initiating the re-assessment proceedings by virtue of the notice dated 02.02.2010 issued under section 148 of the income tax act, 1961 does not survive. therefore, we are disposing of this writ petition with liberty to both sides to seek revival in case the need ..... be protected. consequently, we are inclined to adopt the approach indicated in national agricultural co-operative marketing federation of india ltd. v. assistant commissioner of income tax - circle 32(1), w.p.(c) 5895/2010 decided on 07.08.2014 wherein we passed the following order:-" in these circumstances, we find ..... said appeal being preferred, the tribunal should have adopted the same course as prescribed by this court in a.t. kearney india ltd. v. income tax officer, (2015) 371 itr179 in that case, though the appeal had not been preferred against the order, setting aside the order which formed the ..... the high court of delhi at new delhi date of decision:14.11.2019 ita5102019 versus ..... appellant through: mr. zoheb hossain, advocate. pr. commissioner of income tax- 2 m/s century metal recycling pvt. ltd..... respondent coram: hon'ble mr. justice vipin sanghi hon'ble mr. justice sanjeev narula vipin sanghi, j .....

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Nov 14 2019 (HC)

Neeraj Syal vs.state Bank of India

Court : Delhi

..... (cds) people think that their success in the auction will be only a paper success).5. to recover the outstanding dues, as per second schedule of income tax act, demand notices were issued to cds to deposit the amount however cfs did not paid the decreed amount. in order to recover the decreed amount, the ..... w. p. (c) 414 of 2019 2. the facts in w.p.(c) no.414/2019 are that proceedings under the recovery of debts and bankruptcy act, 1993 ( rdb act?) were initiated before the drt by the state bank of mysore (now state bank of india) (hereafter bank?) against the legal representatives (lrs) of the ..... is no one to decide as to at what value the bank should settle its dues with the borrower especially when the bank has managers who have acted to authorization in their favour and after due consideration of the proposal of the petitioners. in pursuance 19. later in harpreet kaur v. m/s fullerton ..... no.166/2013. on 10th january, 2019, drt-iii dismissed the application.7. in an appeal filed by the... petitioner under section 30 of the rdb act, the drt-iii directed the... petitioner to deposit rs.15.00 lakhs within four days as against the settlement amount of rs.5.65 lakhs plus legal expenses ..... the settlement, the... petitioner mr. neeraj syal filed an appeal before the drt. he also filed an application under section 19 (25) of the rdb act read with rule 18 of the drt (procedure) rules, 1993 urging the drt to take the settlement on record arrived at between the parties and pass appropriate .....

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Nov 14 2019 (HC)

Volex Investment and Marketing Company vs.state Bank of India

Court : Delhi

..... (cds) people think that their success in the auction will be only a paper success).5. to recover the outstanding dues, as per second schedule of income tax act, demand notices were issued to cds to deposit the amount however cfs did not paid the decreed amount. in order to recover the decreed amount, the ..... w. p. (c) 414 of 2019 2. the facts in w.p.(c) no.414/2019 are that proceedings under the recovery of debts and bankruptcy act, 1993 ( rdb act?) were initiated before the drt by the state bank of mysore (now state bank of india) (hereafter bank?) against the legal representatives (lrs) of the ..... is no one to decide as to at what value the bank should settle its dues with the borrower especially when the bank has managers who have acted to authorization in their favour and after due consideration of the proposal of the petitioners. in pursuance 19. later in harpreet kaur v. m/s fullerton ..... no.166/2013. on 10th january, 2019, drt-iii dismissed the application.7. in an appeal filed by the... petitioner under section 30 of the rdb act, the drt-iii directed the... petitioner to deposit rs.15.00 lakhs within four days as against the settlement amount of rs.5.65 lakhs plus legal expenses ..... the settlement, the... petitioner mr. neeraj syal filed an appeal before the drt. he also filed an application under section 19 (25) of the rdb act read with rule 18 of the drt (procedure) rules, 1993 urging the drt to take the settlement on record arrived at between the parties and pass appropriate .....

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Nov 12 2019 (HC)

Sri D K Shivakumar Vs. Income Tax Department

Court : Karnataka - BENGALURU

..... act, 1963 (54 of 1963) [(aa) principal directors general of income-tax or principal chief commissioners of income-tax,]. (b) directors-general of income-tax or chief commissioners of income-tax [(ba) principal directors of income-tax or principal commissioners of income- tax,]. (c) directors of income-tax or commissioners of income-tax or commissioners of income-tax (appeals), [(cc) additional directors of income-tax or additional income-tax or additional commissioners of income-tax (appeals),]. (cca) joint directors of income-tax or joint commissioners of income-tax ..... the entire proceedings without concluding the adjudicatory proceedings under the act.18. i have carefully and cautiously gone through the income tax act. nowhere the income tax act prohibits or restrict institution of criminal proceedings under sections 276(c), 277 of the income tax act.19. this issue came up before the honble apex court ..... learned senior counsels appearing for the parties does not survive for consideration.21. be that as it may. no provision of the income tax act provides that a prosecution for the offence cannot be launched until reassessment proceedings are initiated against the assessee and are completed. they ..... any conflict between the two sets of decisions. it will not make any difference on principle that latter judgments pertain to cases under the income tax act.38. the ratio which can be culled out from these decisions can broadly be stated as follows: (i) adjudication proceedings and criminal .....

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