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Microsoft India (R&D) Pvt. Ltd. vs Deputy Commissioner of Income Tax & Anr. (Delhi High Court) – Transfer Pricing | Section 92B, Rule 10B, Section 260A | Exclusion of Comparables & Remand Jurisdiction
Facts of the
CaseThe Assessee, Microsoft India (R&D) Pvt. Ltd.,
a subsidiary of Microsoft Corporation USA, is engaged in software development
and IT-enabled services. It filed its return declaring income of
₹2,...
Microsoft India (R&D) Pvt. Ltd. vs Deputy Commissioner of Income Tax & Ors. (Delhi High Court, 2021) – Transfer Pricing Comparables & ALP Determination under Section 92B, Rule 10B
Facts of the Case
The
Assessee, Microsoft India (R&D) Pvt. Ltd., is engaged in software
development and IT-enabled services.
It
filed its return declaring income of ₹2,01,64,26,819 for AY 201...
Anil Singhal vs Directorate of Income Tax Investigation & Anr. (2021:DHC:20-DB) – Abuse of Process of Court in Tax Evasion Petitions under Income Tax Informants Reward Scheme
Facts of the CaseThe petitioner, Anil Singhal, filed a writ petition
seeking a mandamus directing the Directorate of Income Tax Investigation
and CBDT authorities to conduct a time-bound investigation based on Tax
Eva...
Principal Commissioner of Income Tax–12 vs Smt. Krishna Devi & Ors. (Delhi High Court) – Bogus LTCG Addition u/s 68 & 115BBE Not Sustainable Without Evidence
Facts of the Case
The
assessee declared income including exempt LTCG under Section 10(38).
The
Assessing Officer (AO) treated LTCG from sale of shares of M/s Gold Line
International Finvest Ltd. as...
Principal Commissioner of Income Tax-12 vs Smt. Krishna Devi & Ors. (Delhi High Court) – Addition under Section 68 r/w 115BBE on Alleged Bogus LTCG from Penny Stocks Deleted
Facts of the CaseThe present appeals were filed by the Revenue under Section
260A of the Income Tax Act, 1961 against a common order passed by the Income
Tax Appellate Tribunal (ITAT). The Respondent-Assessee, an indiv...
Principal Commissioner of Income Tax-12 vs Smt. Krishna Devi & Ors. (Delhi High Court) – Addition under Section 68 on Alleged Bogus LTCG from Penny Stocks Unsustainable Without Independent Enquiry
Facts of the CaseThe Respondent-Assessees, including Smt. Krishna Devi, had
declared income from various sources and claimed exemption of Long-Term Capital
Gains (LTCG) under Section 10(38) arising from sale of shares ...
Dev Wines Sales Corporation vs Principal Commissioner of Income Tax-10 (2021:DHC:509-DB) – Transfer of Jurisdiction under Section 127 of Income Tax Act Upheld
Facts of the Case
The
petitioner, Dev Wines Sales Corporation, challenged an order dated 15
January 2021 transferring its jurisdiction from Delhi to Faridabad.
The
petitioner contended that it had ...
Actis Advisers Pvt. Ltd. vs Deputy Commissioner of Income Tax (Delhi High Court, 2021) – Withdrawal of Appeal under Direct Tax Viva Vishwas Act, 2020
Facts of the CaseThe appellant/assessee, Actis Advisers Pvt. Ltd., had
filed an appeal before the Delhi High Court challenging certain tax-related
issues under the Income Tax Act. During the pendency of the appeal, the...
Rakesh Arora vs Assistant Commissioner of Income Tax (Delhi High Court) – Withdrawal of Appeal under Direct Tax Vivad Se Vishwas Scheme, 2020
Facts of the CaseThe appellant, Rakesh Arora, had filed an appeal before the
Delhi High Court under the Income Tax Act, 1961. During the pendency of the
appeal, the appellant opted to settle the dispute under the Direc...
Pradeep Kumar Jindal vs PCIT-7 New Delhi: ITAT Cannot Dismiss Appeal for Non-Prosecution Without Deciding on Merits – Delhi High Court Clarifies Rule 24 ITAT Rules
Facts of the Case
The
petitioner filed an appeal before ITAT for Assessment Year 2008-09.
The
appeal was dismissed on 10 December 2015 due to non-appearance and
alleged lack of prosecution.
...