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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 13 of about 270,426 results (0.680 seconds)

Apr 29 2019 (HC)

The Pr. Commissioner of Income Tax -7 vs.royal and Sun Alliances It S ...

Court : Delhi

..... to the control exercised by the ae. such an interpretation for determining of arm?s length price unknown under the transfer pricing regulations either under the income tax act or under the rules. in case under utilization of capacity was triggering alp determination, then the ld. tpo should have identified the comparable in similar ..... $~70 * in the high court of delhi at new delhi decided on:29. h april, 2019 + ita4222019 & cm appl. 19849/2019 the pr. commissioner of income tax -7 through: mr. ruchir bhatia, sr. std. counsel. ..... appellant versus royal and sun alliances it solutions (india) pvt. ltd. through: mr. tapas ram ..... the assessee had wound up the operations. what the tpo and later the ao desired the assessee to do, was to include in hindsight, the income amounts which it had not received and offer a higher rate of return or profit.5. in these circumstances, the court is of the opinion that ..... has been made by the tpo, same is unsustainable in law and consequently there cannot be any question of furnishing of inaccurate particulars of income or any concealment of income. further there is no finding or observation by the ao that the loss margin of 13.23% has been found to be incorrect ..... % only. however, the assessee offered the amount lower than that, on the basis of its actual income to the profit margin. the tpo rejected it and in the report brought all the transactions to tax, including those not offered in the alp stating as follows:-" 7.1 the assessee has submitted revenue .....

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Apr 25 2019 (HC)

Union of India & Ors vs.m/s Rvg Metals & Alloys Pvt Ltd

Court : Delhi

..... be transferred to any person who has not filed an affidavit stating that he has filed an up-to-date income-tax return and paid the income tax assessed on him and paid the income tax on the basis of self assessment as provided in the income-tax act, 1961 (43 of 1961): lpa1842019 & conn. matters page 39 of 78 provided further that the administering authority shall not ..... place. in this regard, we may take note of the law laid down by the hon?ble supreme court in the case of industrial infrastructure development corporation vs. commissioner of income tax, mp, (2018) 4 scc494wherein in paras 21 and 22 the hon?ble supreme court has dealt with the legal issue in the following manner: 21. the general power, ..... rules he is required to provide an opportunity of hearing before taking any adverse decision on the application seeking exploration licence. these facts clearly show that the administering authority is acting as a quasi-judicial authority and therefore in the light of lpa1842019 & conn. matters page 18 of 78 the legal principles discussed hereinabove, particularly, the law laid down ..... technical expert from geological survey of india, kolkata and another technical expert from indian bureau of mines, nagpur. based on the criteria provided under section 12 of the oamdr act, the said screening committee scrutinized the applications and gave its recommendation with regard to allotment to the administering authority, who in turn, pursuant thereto published the list of selected applicants .....

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Apr 25 2019 (HC)

Union of India & Ors vs.m/s Standard Metalloys Pvt Ltd

Court : Delhi

..... be transferred to any person who has not filed an affidavit stating that he has filed an up-to-date income-tax return and paid the income tax assessed on him and paid the income tax on the basis of self assessment as provided in the income-tax act, 1961 (43 of 1961): lpa1842019 & conn. matters page 39 of 78 provided further that the administering authority shall not ..... place. in this regard, we may take note of the law laid down by the hon?ble supreme court in the case of industrial infrastructure development corporation vs. commissioner of income tax, mp, (2018) 4 scc494wherein in paras 21 and 22 the hon?ble supreme court has dealt with the legal issue in the following manner: 21. the general power, ..... rules he is required to provide an opportunity of hearing before taking any adverse decision on the application seeking exploration licence. these facts clearly show that the administering authority is acting as a quasi-judicial authority and therefore in the light of lpa1842019 & conn. matters page 18 of 78 the legal principles discussed hereinabove, particularly, the law laid down ..... technical expert from geological survey of india, kolkata and another technical expert from indian bureau of mines, nagpur. based on the criteria provided under section 12 of the oamdr act, the said screening committee scrutinized the applications and gave its recommendation with regard to allotment to the administering authority, who in turn, pursuant thereto published the list of selected applicants .....

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Apr 25 2019 (HC)

Union of India & Ors vs.m/s Rvg Minerals & Metals Pvt Ltd

Court : Delhi

..... be transferred to any person who has not filed an affidavit stating that he has filed an up-to-date income-tax return and paid the income tax assessed on him and paid the income tax on the basis of self assessment as provided in the income-tax act, 1961 (43 of 1961): lpa1842019 & conn. matters page 39 of 78 provided further that the administering authority shall not ..... place. in this regard, we may take note of the law laid down by the hon?ble supreme court in the case of industrial infrastructure development corporation vs. commissioner of income tax, mp, (2018) 4 scc494wherein in paras 21 and 22 the hon?ble supreme court has dealt with the legal issue in the following manner: 21. the general power, ..... rules he is required to provide an opportunity of hearing before taking any adverse decision on the application seeking exploration licence. these facts clearly show that the administering authority is acting as a quasi-judicial authority and therefore in the light of lpa1842019 & conn. matters page 18 of 78 the legal principles discussed hereinabove, particularly, the law laid down ..... technical expert from geological survey of india, kolkata and another technical expert from indian bureau of mines, nagpur. based on the criteria provided under section 12 of the oamdr act, the said screening committee scrutinized the applications and gave its recommendation with regard to allotment to the administering authority, who in turn, pursuant thereto published the list of selected applicants .....

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Apr 25 2019 (HC)

Union of India & Ors vs.m/s Apex Metalloys Pvt Ltd

Court : Delhi

..... be transferred to any person who has not filed an affidavit stating that he has filed an up-to-date income-tax return and paid the income tax assessed on him and paid the income tax on the basis of self assessment as provided in the income-tax act, 1961 (43 of 1961): lpa1842019 & conn. matters page 39 of 78 provided further that the administering authority shall not ..... place. in this regard, we may take note of the law laid down by the hon?ble supreme court in the case of industrial infrastructure development corporation vs. commissioner of income tax, mp, (2018) 4 scc494wherein in paras 21 and 22 the hon?ble supreme court has dealt with the legal issue in the following manner: 21. the general power, ..... rules he is required to provide an opportunity of hearing before taking any adverse decision on the application seeking exploration licence. these facts clearly show that the administering authority is acting as a quasi-judicial authority and therefore in the light of lpa1842019 & conn. matters page 18 of 78 the legal principles discussed hereinabove, particularly, the law laid down ..... technical expert from geological survey of india, kolkata and another technical expert from indian bureau of mines, nagpur. based on the criteria provided under section 12 of the oamdr act, the said screening committee scrutinized the applications and gave its recommendation with regard to allotment to the administering authority, who in turn, pursuant thereto published the list of selected applicants .....

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Apr 16 2019 (HC)

M/S. McKinsey Knowledge Centre India Pvt. Ltd. Vs.pr. Commissioner of ...

Court : Delhi

..... k. chawla % s. ravindra bhat, j.1. the appellant preferred this review petition urging that the final judgment rendered under section 260a of the income tax act contains errors apparent on the face of the record.2. the question of law framed by this court was with respect to exclusion of relative comparables ..... of and controlled without making a conscious selection as to the quality and nature of the content of services. rule 10b(2)(a) of the income tax rules, 1962 mandates that the comparability uncontrolled transactions be judged with reference to service/ product characteristics. this factor cannot be undermined by using a ..... .2018 when the question was framed, the assessee was involved in knowledge management system. this court had referred to the decision in pr. commissioner of income tax v kusum health care pvt. ltd. (2017) 398 itr66(del).4. the second ground urged is that the finding that the nature of services ..... that the judgment is erroneous inasmuch as it did not consider the effect of the decision in ameriprise india pvt. ltd. v additional commissioner of income tax (2016) 66 taxmann.com 246.5. on the other hand, the court relied upon the special bench decision in maersk global centres (india) pvt. ..... it is argued that the special bench decision was disagreed with by this court in rampgreen solutions pvt. ltd. v commissioner of income tax 2015 scc online del 11310.6. learned counsel for the revenue objected to the maintainability of the review petition firstly arguing that the .....

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Apr 16 2019 (HC)

The Commissioner of Income Tax vs.kohinoor Foods Limited

Court : Delhi

..... sc):"we do not consider it necessary to go into the question whether at the relevant point of time the exercise of jurisdiction under section 263 of the income tax act, 1961 by the commissioner of income tax (appeals) was justified in view of the fact that the subsequent events have clearly demonstrated that there has been no leakage of revenue and the matter ..... s. muralidhar justice i.s.mehta dr. s. muralidhar, j.: judgment1 these are three appeals by the revenue, under section 260-a of the income tax act, 1961 ( act?) against the common order dated 31st january 2005 passed by the income tax appellate tribunal ( itat?) in ita nos.2442, 2443 and 2444/del/2004 for the assessment years (ays) 1999- 2000, 2000-2001 and 2001 ..... kohinoor foods ltd. question of law 3. the question of law framed by this court while admitting these appeals on 21st november 2008 reads as under: whether the commissioner of income tax correctly exercised his powers under section 263 of the income tax act, 1961 in cancelling the assessment order passed under section 143(3) of ita7572005, ita7712005 & ita7852005 page 2 of 14 the said ..... two ays 1999-2000 and 2000-2001 and issued necessary directions in relation to the assessment order for ay200102. show cause notices 6. the commissioner of income tax ( cit?) invoked the revisional jurisdiction under section 263 of the act and issued a show cause notice (scn) dated 8th march 2004 to the assessee as regards ays 1999-2000. for ita7572005, ita7712005 & ita7852005 page .....

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Apr 16 2019 (SC)

Pr. Commissioner of Income Tax Central 2 Vs. M/S a.a. Estate Pvt. Ltd

Court : Supreme Court of India

..... assessment year 2008 09.6. on 24.12.2009, the assessing officer (for short, the ao ) completed the assessment under section 143(3) read with section 153a of the income tax act, 1961 (hereinafter referred to as the act ) and determined the total income at rs.7,77,49,790/ .7. on 22.09.2010, the ao issued a notice under section 148 of the ..... dated 22.09.2010 ?. (ii) whether any case of escaped assessment within the meaning of section 147 read with section 148 of the act for the assessment year in question is made out by the 9 commissioner of income tax on the basis of the reasons set out in the notice ?. (iii) whether a case of presumption as contemplated under section 132(4a ..... the itat. by order dated 05.02.2014, the tribunal allowed the appeal and set aside the order of the cit (appeals).14. the commissioner of income tax felt aggrieved and filed appeal before the high court under section 260 a of the act. by impugned order, the high court dismissed the appeal and affirmed the order of the tribunal giving rise to filing ..... is remanded to the high court for deciding the appeal filed by the commissioner of income tax mumbai afresh on merits as provided under section 10 260 a(4) of the act to answer the three questions framed by this court under section 260 a(3) of the act.30. the high court will decide the appeal uninfluenced by any observations made in the .....

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Apr 15 2019 (HC)

Principal Commissioner of Income Tax-9 vs.om Prakash Jakhotia & Anr.

Court : Delhi

..... incriminating register containing details of cash loans was also recovered and seized. the first respondent, om prakash jakhotia made a statement recorded under oath under section 132(4) of the income tax act. the relevant details disclosed over pricing of bags/sacks of cement sold to the dalmia group. the statement regarding loan credits inter alia, is as follows: w.p.(c)no ..... derived and (iii) the additional amount of income tax payable on such income.22. it is clear that disclosure of "full and true" particulars of undisclosed income and "the manner" in which such income had been derived are the pre- requisites for a valid application under245c (1) of the act. additionally, the amount of income tax payable on such undisclosed income is to be computed and mentioned in the ..... application. it needs little emphasis that 245c (1) of the act mandates "full and true" disclosure of the particulars of undisclosed income and "the manner" in which such income was derived and, therefore, unless the settlement commission records .....

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Apr 10 2019 (HC)

Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.

Court : Delhi

..... , from an order passed by the ntt directly to the supreme court, there would hardly be any occasion, to raise a challenge on a tax matter, arising out of the provisions of the income tax act , the customs act and the excise act before a jurisdictional high court. even though the learned attorney general pointed out, that the power of ?judicial review? under articles 226 and ..... hierarchy of tribunals are intended to safeguard the interest of the assessees as well as the state by correcting wrong orders. the fact that, following the analogy of the income-tax act, at the instance of the party aggrieved a reference can be made by the reviewing authority to the high court on a question of law shows only that the help ..... of hearing is preceded by a composite one; in other cases, however, of necessity, a show cause notice is to be issued separately. in the income tax act, 1961, for instance, every person or entity who earns taxable income has a duty to file returns; those returns then can be merely framed without adjudication (under section 143(1)) or assessed, after due notice of ..... of the learned counsel for the petitioners, that before and after promulgation of the constitution, till the enactment of the ntt act, all legislative provisions vested the appellate power of adjudication, arising out of the income tax act, the customs act and the excise act, on questions of law, with the jurisdictional high courts. instant proposition has 113. having recorded the above conclusion, the next .....

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