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ATS Infrastructure Pvt. Ltd. vs Deputy Commissioner of Income Tax & Ors. | Delhi High Court | Reassessment Notices u/s 148 – Validity Post Finance Act, 2021
Facts of the
Case
Multiple writ petitions were filed challenging reassessment notices
issued after 1 April 2021.
Petitioners contended that notices were issued under the old
provisions of Section 148, i...
ATS Infrastructure Private Limited vs Deputy Commissioner of Income Tax & Ors. (Delhi High Court, 2021) – Reassessment Notices under Section 148 Held Prima Facie Invalid
Facts of the
CaseThe present batch of writ petitions challenged
reassessment notices issued under Section 148 of the Income Tax Act after 01
April 2021.The petitioners contended that the impugned notices
were issued ...
BT (India) Private Limited vs Income Tax Officer & Anr. (2021:DHC:1017-DB) – Jurisdictional Requirement Before Initiating Proceedings Under Sections 201(1) & 201(1A) of Income Tax Act
Facts of the CaseThe petitioner, BT (India) Private Limited, filed
multiple writ petitions challenging the initiation of proceedings under Sections
201(1) and 201(1A) of the Income Tax Act, 1961.The dispute arose...
PR. Commissioner of Income Tax, Central-3 vs Taneja Developers and Infrastructure Ltd. (2021:DHC:1095-DB) – No Penalty u/s 271(1)(c) for Bona Fide Claim under Section 153A due to Change in Accounting Policy
Facts of the CaseThe assessee filed its original return for AY 2007–08
declaring taxable income of ₹93,72,590, which was processed under Section
143(1) of the Income Tax Act, 1961. Subsequently, the case was ...
PR. Commissioner of Income Tax–4, New Delhi vs HCL Comnet Systems & Services Ltd. (Delhi High Court) – Section 14A, 10A & Foreign Exchange Loss | ITA 81/2021 (2021:DHC:1091-DB)
Facts of the CaseThe present appeal was filed by the Revenue under Section 260A
of the Income Tax Act, 1961 against the order of the Income Tax Appellate
Tribunal (ITAT) dated 16.10.2019 for Assessment Year 2010â...
Pr. Commissioner of Income Tax–04, New Delhi vs HCL Comnet Systems and Services Ltd | Section 14A, 10A & Capital vs Revenue Expenditure – Delhi High Court (2021)
Facts of the CaseThe present appeal was filed by the Revenue against the order
of the Income Tax Appellate Tribunal (ITAT) dated 16.10.2019 pertaining to
Assessment Year 2009–10. The Tribunal had ruled in favour of t...
GE Capital Mauritius Overseas Investments vs Deputy Commissioner of Income Tax & Anr. (Delhi High Court, 2021) – Refund Withholding under Section 241A of Income Tax Act
Facts of the CaseThe petitioner, GE Capital Mauritius Overseas Investments,
filed its Income Tax Return (ITR) for AY 2018–19 claiming refund of
approximately ₹226.72 crores arising from TDS deducted on sale of shar...
Synfonia Tradelinks Pvt. Ltd. vs Income Tax Officer, Ward-22(4) (Delhi High Court, 2021) – Invalid Reopening u/s 147/148 Due to Non-Application of Mind & Mechanical Sanction
Facts of the CaseThe petitioner company filed its income tax returns for AY
2011–12. On 31.03.2018, the Assessing Officer issued a notice under
Section 148 alleging escapement of income. The notice was based on...
Monkesh Khetrapal & Ors. vs Assistant Commissioner of Income Tax & Ors. (2021:DHC:4492-DB) – Validity of Reassessment Notices under Section 148 Post Finance Act 2021
Facts of the
Case
The petitioners challenged reassessment notices issued after 01
April 2021 under the unamended Section 148 of the Income Tax Act.
The Finance Act, 2021 introduced a new reassessment regime,
...
Commissioner of Income Tax (Exemptions), Delhi vs National Safai Karamcharis Finance and Development Corporation (Delhi High Court, 2021) – Section 10(26B) Exemption Allowed for SC Welfare Corporation
Facts of the CaseThe present appeal was filed by the Commissioner of Income
Tax (Exemptions), Delhi challenging the order dated 20.11.2019 passed by the
Income Tax Appellate Tribunal (ITAT) for Assessment Year 2017–1...