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Commissioner of Income Tax, Delhi vs Sunil Lamba (2019) – Taxability of Non-Compete Fee & Transfer of Self-Generated Trademark under Sections 263, 55(2), 28 & 47 of Income Tax Act
Facts of the
CaseThe case pertains to Assessment Year 1995–96, where
the assessee, Sunil Lamba, received:
₹1 crore as non-compete fee under an agreement with Brooke
Bond Lipton India Ltd.
₹1.85 c...
Director, Directorate of Income Tax (HRD) & Ors. vs Ramesh Dang & Ors. – Pay Parity Claim of Technical Assistants Rejected by Delhi High Court (2019:DHC:5719-DB)
Facts of the CaseThe petitioners (Directorate of Income Tax and Union
authorities) challenged the order of the Central Administrative Tribunal (CAT),
which had directed granting pay parity to Technical Assistants with
...
The Pr. Commissioner of Income Tax–4 vs Housing & Urban Development Corporation Ltd. (2019:DHC:7412-DB) | Section 254(2) IT Act – Time Limit for ITAT Rectification
Facts of the CaseThe present appeals were filed by the Revenue challenging
orders of the Income Tax Appellate Tribunal (ITAT). The core issue arose from
the Tribunal entertaining and deciding applications filed by the ...
Pr. Commissioner of Income Tax, Central-3 vs Ankush Saluja (2019) – Section 68 & 153C IT Act | No Addition Without Incriminating Material | Delhi High Court
Facts of the Case
A
search and seizure operation under Section 132 was conducted on the Saluja
Group.
Cash
and jewellery relating to the assessee (Ankush Saluja) were found at his
father’s ...
Ritu Mishra & Anr. vs Assistant Commissioner of Income Tax, Circle 32(1), New Delhi (2019:DHC:7496) – Petition Dismissed in Default After Conviction by Trial Court
Facts of the
CaseAs recorded in the order, the petitioners, Ritu
Mishra and Swadesh Kumar Mishra, had filed criminal miscellaneous petitions
before the Delhi High Court challenging proceedings initiated by the I...
PR. Commissioner of Income Tax-4 vs Housing & Urban Development Corporation Ltd. (Delhi High Court) – Section 254(2) Time Limitation & ITAT Rectification Powers
Facts of the CaseThe Revenue filed appeals before the Delhi High Court
challenging orders passed by the ITAT under Section 254(2), whereby the
Tribunal had allowed rectification applications and restored the appeals fo...
Chetan Sabharwal & Anr. vs Assistant Commissioner of Income Tax (Delhi High Court, 2019) – Reopening of Assessment under Sections 147/148 & Validity of “Reasons to Believe”
Facts of the Case
Petitioners
Chetan Sabharwal and Nitin Sabharwal sold shares of Pawan Impex
Pvt. Ltd. and SVIIT Software Pvt. Ltd. through Share Purchase
Agreements.
The
sale consideration ...
Commissioner of Income Tax vs. Jagdish Prasad Gupta (Delhi High Court, 2019) – Section 43B Applicability on Licence Fee & Mercantile Liability
Facts of the
CaseThe assessee, Jagdish Prasad Gupta, was allotted
land by Northern Railways in 1975. Over time, the Railways periodically revised
and enhanced the licence fee, sometimes retrospectively, and also...
PR. Commissioner of Income Tax–2 vs M/s Century Metal Recycling Pvt. Ltd. (2019) – Reassessment u/s 148 Not Sustainable Due to Subsisting CESTAT Order with Liberty to Revive Proceedings
Facts of the CaseThe case concerns reassessment proceedings initiated under Section
148 of the Income Tax Act, 1961 against the assessee company. The original
assessment was completed under Section 143(3) determining a...
Principal Commissioner of Income Tax-6 vs Make My Trip India Pvt. Ltd. (2019) – Payment Gateway Charges Not Liable for TDS under Section 194H | Delhi High Court
Facts of the
CaseThe assessee, Make My Trip India Pvt. Ltd., was
engaged in the business of selling travel products through its online platform.
Customers made payments using internet payment gateways facilitate...