Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Year: 2018 Page 1 of about 829 results (0.092 seconds)

Dec 21 2018 (HC)

Ge Energy Parts Inc. Vs.cit (International Taxation), Delhi-I

Court : Delhi

Decided on : Dec-21-2018

..... 'ble mr. justice a.k. chawla mr. justice s. ravindra bhat % 1. the present statutory appeals, under section 260a of the income tax act, 1961 (hereafter the act ) are directed against the order dated 27.01.2017 (hereafter impugned order ) passed by the income tax appellate tribunal (hereafter itat ) in ita no.67/del/2011 for the ay20012002 whereby the itat held that the ge energy ..... india. these findings were appealed against by the assessees, to the commissioner of income tax [cit (a)]..8. the cit(a) upheld the order of the ao with respect to the initiation of proceedings under sectionof the act and existence of pe and ita6212017 & connected matters page 7 of 85 attribution of income but allowed appeal on the issue of levy of interest under section 234b ..... .2. the appellants in these groups of appeals under section 260a of the act comprise the general electric group of companies: ge energy parts inc ( gep hereafter); general electric international operations company inc. ( geioc hereafter); ge india industrial pvt. ltd and (geiipl). all challenge a common order of the income tax appellate tribunal ( itat ) which concluded that the appellant pe in india and ..... assessee in india during the year are ofrs.199,806,676/-. the profit @3.5% of the same works out to rs.6,993,234/-. this is taxable as business income. assessed u/s 143(3) of the act at income rs.6,993,234/- at the applicable tax rate, surcharge and ed. cess. charge interest u/s 234a, 234b and 234c of the .....

Tag this Judgment!

Dec 20 2018 (HC)

The Pr Commissioner of Income Tax-6 vs.nucleus Steel Private Limited

Court : Delhi

Decided on : Dec-20-2018

..... of 2 land and the factum that half the value of the alleged transaction was paid in advance.2. question would arise whether an addition under section 68 of the income tax act, 1961 would be justified and as per the statute, even if the nature and character of the transaction propounded by the assessee is discarded and disbelieved, albeit the transaction otherwise ..... no.978/2018 reserved on :8. h october, 2018 date of decision:20. h december, 2018 the pr commissioner of income tax-6 ..... appellant through: mr. ruchir bhatia, advocate. versus nucleus steel private limited ..... respondent through: nemo. coram: hon'ble mr. justice sanjiv khanna hon'ble mr. justice chander shekhar sanjiv khanna, .....

Tag this Judgment!

Dec 20 2018 (HC)

Sdl Auto Pvt. Ltd Through Its Director Shri h.s. Banga & Anr. Vs.comm ...

Court : Delhi

Decided on : Dec-20-2018

..... order under sub-section (5) without such report. these provisions with regard to the commissioner(investigation) in the act are somewhat at variance with the provisions of section 245d(3) of the income tax act, which permits the settlement commission under the income tax act to direct further enquiry or investigation in the matter through the jurisdictional principal commissioner or commissioner, who would then furnish ..... (4) of section 245-d of the income tax act. applicant assessee cannot be permitted to make multiple wp(c) nos. 7277/2015, 8939/2015 & 10013/2016 page 4 of 62 disclosures or take benefit of the provisions ..... full and true? hidden duty liability and the manner in which such liability was derived.6. in commissioner of income tax (central) versus b.n. bhattacharjee and another, (1979) 4 scc121 referring to essential requirement for seeking settlement under the income tax act, the supreme court had emphasised that an assessee to take benefit of the benevolent provisions must make full and true ..... on the jurisdictional pre-conditions, they would not have jurisdiction to pass an order recording settlement. in the context of the income tax act, it was held that the question of full and true? disclosure and the manner in which the undisclosed income was derived, can be examined at three different stages, namely, sub-section (1), sub- section (3) and sub-section .....

Tag this Judgment!

Dec 20 2018 (HC)

Biswajit Das vs.union of India & Ors.

Court : Delhi

Decided on : Dec-20-2018

..... has held in the case of rashmikantkundalia vs. union of india reported as (2015) scc online bom 336 where the court holds that under the act, there is an obligation on the part of the income tax act to process income tax returns within a specified period from the date of filing, which the department cannot do until w.p. (c) 9410/2014 page 9 of ..... filed under article 226 of the constitution of india, the petitioner impugns the constitutional validity of section 234e of the income tax act, 1961 (the act ) and also seeks quashing of the fee imposed upon the petitioner as an assessee by the tax department and upheld by the commissioner of income tax (appeals). w.p. (c) 9410/2014 page 1 of 18 2. section 234e of the ..... 18 information of the tax deducted at source is furnished by the deductor within the prescribed time. delay in processing of income tax returns leads to cascading delay in claiming ..... vs. union of india &ors. reported as 2016 scc online ker 30216 has dismissed a petition challenging the vires of section 234e of the act. the kerala high court has inter alia proceeded on the rationale that the income tax department has to render extra service due to late filing of a tds w.p. (c) 9410/2014 page 13 of 18 return .....

Tag this Judgment!

Dec 19 2018 (HC)

Granite Gate Properties Pvt. Ltd. Vs.principal Commissioner of Income ...

Court : Delhi

Decided on : Dec-19-2018

..... commented upon and is left open to be decided in the main appeal. ita no.398/2017 and ita no.399/2017 above-captioned appeals under section 260a of the income tax act, 1961 ( act , for short) by m/s granite gate properties pvt. ltd. ( appellant- assessee , for short) arise from common order dated 16.12.2016 passed by the ..... for hearing vide order of this court dated 24.01.2018 by framing the following substantial question of law. did the income tax appellate tribunal (itat) fall into error in holding that the penalty under section 271(1)(c) of the income tax act, 1961 was leviable in the circumstances of the case, when the assessee asserted that it had commenced business at the relevant ..... ( tribunal for short) accepting the appeals preferred by the revenue against the order of the commissioner of income tax (appeals) [ cit (appeals) for short]. deleting penalty and upholding the orders of the assessing officer imposing penalty for concealment of income under section 271(1)(c) of the act. the appeals pertain to the assessment years 2010-11 and 2011-12.2. the appeals were admitted ..... 2006 were applicable. therefore, the assessee is clearly hit by explanation 1(b) to section 271(1)(c) of it act. we also take guidance from the order of hon'ble supreme court of india in mak date (p.) ltd. v. commissioner of income-tax- ii (2013) 38 taxmann.com 448 (sc). in this case the hon'ble apex court upheld the levy of .....

Tag this Judgment!

Dec 19 2018 (HC)

The Pr. Commissioner of Income Tax -3 vs.m/s Elofic Industries Ltd

Court : Delhi

Decided on : Dec-19-2018

..... days in re-filing, we have deemed it appropriate to first examine the appeal, ita no.1472/2018 on merits.2. this appeal by revenue under section 260a of the income tax act, 1961 ('act', for short) in the case of m/s elofic industries ltd ('respondent- assessee', for short) pertains to the assessment year 2004-05 and arises from ita14722018 page 1 of ..... that ita14722018 page 4 of 11 penalty proceedings u/s 271(1)(c) of the act should be initiated which are accordingly done. "3. 2.2 along with the appeal filed before the cit (appeals), the respondent- assessee had preferred an application under rule 46a of the income tax, rules, 1962 ('rules', for short), for taking on record confirmation letters with the pan nos ..... 11 the order of the income tax tribunal ('tribunal', for short) dated 09.08.2017.3. for assessment year 2004-05, the respondent-assessee had filed return declaring an income of rs. 2,02,01,290/-. after scrutiny assessment under section 143(3) of the act, total income was determined at rs.2,34,27,852/-. subsequently, reassessment notice ..... ., copy of the assessee's account statement, copy of the balance sheet of the suppliers etc. specific confirmation from suppliers with full particulars were filed. 3.2.3 respondent-assessee had alleged that the assessing officer had acted in haste, and had .....

Tag this Judgment!

Dec 18 2018 (HC)

The Pr. Commissioner of Income Tax-9 vs.vedanta Limited.

Court : Delhi

Decided on : Dec-18-2018

..... for the respondent. accordingly the application is allowed and delay is condoned. ita14672018 this appeal by the revenue under section 260a of the income-tax act 1961 (for short act ) in the case of vedanta ltd (formerly known as madras aluminium co. ltd.) relates to the assessment year 2010-2011 and arises ..... a wrong assumption that rule 8d would applies to all cases and is mandatory. finding of the tribunal affirming the order of the commissioner of income tax (appeals) is in accordance with the law.9. legal principle and ratio is no longer res integra and is settled by the judgment of ..... whether the disallowance of rs. 9,07,453/- was sufficient and in accordance with law. the final finding recorded by the commissioner of the income-tax (appeals) was: thus respectfully relying of the above referred decision of hon ble itat, it is held that the rejection of appellant s claim ..... from the order dated 10th april, 2018 passed by the income-tax appellate tribunal ('tribunal', for short). ita14672018 page 1 of 8 2. the issue raised by the revenue relates to the disallowance under section 14a of the act. it is an accepted and admitted position that the respondent assessee ..... ) of the act. the said dividend was paid by group companies. the assessee had made self disallowance of rs. 9,07,453/-.3. the assessing officer, without examining and referring to the disallowance or recording his dissatisfaction on disallowance made, had invoked and applied rule 8d of the income tax rules, 1962( .....

Tag this Judgment!

Dec 18 2018 (HC)

The Pr. Commissioner of Income Tax -3 vs.dlf Home Developers Ltd

Court : Delhi

Decided on : Dec-18-2018

..... jairam bhambhani sanjiv khanna, j.(oral) on 14th december 2018, we had dictated the following order:-" this appeal by revenue under section 260a of the income tax act, 1961 ('act', for short) in the case of m/s dlf home developers ltd ('respondent-assessee', for short) pertains to assessment year 2011-12 and arises ..... read with section 14a is sustained . the issue that arises for consideration is whether the commissioner of income tax (appeals) could have recorded a satisfaction in terms of sub- section (2) of section 14a of the income tax act. this issue has not been examined in any of the earlier decisions. hence, we are inclined to ..... the assessing officer of rs.80,66,72,112/- u/s 14a of the income-tax act, 1961 read with rule 8d (2)(ii) and (iii) of the income tax rules, 1962 on account of expenditure relating to earning the exempt income. in this regard, it has been submitted that the appellant has enough interest ..... issue notice, in view of the observations made by the commissioner of income tax (appeals) in para 7.3 noted above. issue notice returnable on ..... 4. the second issue relates to disallowance of more than rs. 80.66 crores made by the ao under section 14a of the act, by applying rule 8d of the income tax rules, 1962 ('rules, for short).5. the ao on the aforesaid question had observed: 7. on perusal of the comparative .....

Tag this Judgment!

Dec 18 2018 (HC)

The Commissioner of Income Tax - International Taxation -2 vs.philip M ...

Court : Delhi

Decided on : Dec-18-2018

..... , 1961 (act, for short) in the case of m/s philip morris services india sa ('respondent- assessee', for short) relates to the assessment year 2009-10 and arises from the order ..... aniket agarwal, advs. coram: hon'ble mr. justice sanjiv khanna hon'ble mr. justice anup jairam bhambhani sanjiv khanna, j.(oral): this appeal by the revenue under section 260a of the income-tax act ..... $~22 * in the high court of delhi at new delhi + income tax appeal no.1468/2018 date of decision:18. h december, 2018 the commissioner of income tax - international taxation -2 ..... appellant through: mr. ruchir bhatia, sr. standing counsel with mr. sanampreet singh, advocate. versus philip morris services india sa ..... respondent through mr. neeraj jain and mr. ..... of income tax appellate tribunal ('tribunal', for short) passed on 21.06.2018.2. revenue is aggrieved by the direction given by the tribunal to exclude m/s aptico ltd., cameo crop .....

Tag this Judgment!

Dec 18 2018 (HC)

Shri Rajiv Dass vs.dy. Commissioner Income Tax, Osd, New Delhi

Court : Delhi

Decided on : Dec-18-2018

..... mr. justice sanjiv khanna hon'ble mr. justice anup jairam bhambhani sanjiv khanna, j.(oral): this appeal under section 260a of the income tax act, 1961 ( act?, for short) by rajiv dass ( appellant-assessee?, for short) relates to assessment year 2009-10 and arises from the order dated 2nd december, 2016 of ..... and circumstances, dissimilar facts case having in the present case, the tribunal has affirmed the findings of the 7. assessing officer and the commissioner of income tax (appeals). thus, the three authorities have on facts held against the appellant-assessee. ita no.327/2017 page 10 of 13 8. no doubt ..... land in the rabi and kharif season respectively. it is submitted that the tribunal has erroneously relied upon the inquiry report of the inspector of income tax (' inspector', for short), dated 21st december, 2011, referring to large scale construction and building activities in the area as the assertion would refer ..... the income tax appellate tribunal ( tribunal?, for short).2. the contention of the appellant-assessee is that the findings recorded by the tribunal to deny benefit of exemption under section 54b of the act are perverse and contrary to the facts on record.3 ..... the ld. dr that resjudicatadoes not apply to the tax proceedings and in a.y200809, the ao had no occasion to examine the issue of exempt agricultural income in a.y200809 as the assessment was framed u/s 143(1) of the act and consequently the ao had no occasion to examine .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //