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GE Energy Parts Inc. & Anr. vs Assistant Commissioner of Income Tax & Ors. (Delhi High Court, 2022) – Section 197 TDS Withholding Rate & Permanent Establishment Attribution
Facts of the CaseThe present writ petitions were filed by the petitioners
challenging the orders dated 23.09.2021 passed by the Assessing Officer (AO)
under Section 197 of the Income Tax Act, 1961, relating to Financia...
Kshipra Jatana vs Assistant Commissioner of Income Tax Circle 63(1) & Ors. (2022:DHC:1997-DB) – Refund of Excess Tax Recovery Beyond 10% Without Section 245 Notice Held Illegal
Facts of the
CaseThe present writ petition was filed seeking refund
of ₹1,52,240/- which had been recovered in excess of 10% of the total disputed
tax demand for Assessment Year 2017–18 by adjusting refunds due fo...
Qualcomm Technologies, Inc. vs Deputy Commissioner of Income Tax (International Tax Circle 3-1-1) & Ors. | Delhi High Court | AY 2018-19 Refund & TDS Credit Rectification Case
Facts of the Case
The
petitioner filed its return of income for AY 2018–19.
The
return was processed under Section 143(1) of the Income Tax Act.
No
scrutiny assessment was conducted for the re...
M/s Alpha Corp Development Pvt. Ltd. vs ACIT & Ors. (Delhi High Court, 2022) – Direction for Disposal of Rectification Applications under Section 154 of Income Tax Act
Facts of the Case
The petitioner filed six rectification applications under Section
154 for Assessment Years 2009-10, 2011-12 to 2014-15, and 2017-18.
Despite repeated reminders, the respondent authoriti...
Qualcomm Technologies, Inc. vs Deputy Commissioner of Income Tax (International Tax Circle 3-1-1) & Ors. | Delhi High Court | AY 2018-19 Refund & TDS Credit Rectification Case
Facts of the Case
The
petitioner filed its return of income for AY 2018–19.
The
return was processed under Section 143(1) of the Income Tax Act.
No
scrutiny assessment was conducted for the re...
Rajesh Kumar Malhotra vs Assistant Commissioner of Income Tax, Circle-10(1), Delhi & Anr. | Delhi High Court | Reassessment u/s 148 & 148A Quashed Due to Violation of Natural Justice (AY 2018–19)
Facts of the
Case
The petitioner challenged a notice dated 27.03.2022 under
Section 148, issued pursuant to an order under Section 148A(d).
A show cause notice under Section 148A(b) dated 21.03.2022 alleged b...
Pr. Commissioner of Income Tax-1 vs M/s Consortium Nussli Comfort Net (2022) – Section 143(2), 292BB & Jurisdiction Invalid for Non-Issuance of Notice | Delhi High Court
Facts of the CaseThe appeal was filed by the
Revenue challenging the ITAT order for Assessment Year 2011–12. The assessee had participated in
the assessment proceedings without raising objections regarding non-servic...
P.R. Commissioner of Income Tax-12, New Delhi vs Harish Kumar HUF (Delhi High Court) – Penalty u/s 271(1)(c) Not Leviable for Bonafide Error in Dividend Stripping Computation
Facts of the
CaseThe assessee, Harish Kumar HUF, filed its return
for AY 2015–16 declaring income after adjusting Short Term Capital Loss (STCL)
against Long Term Capital Gain (LTCG) and claiming exemption under Sec...
Mamta Gupta vs Addl./Joint/Deputy/Assistant Commissioner of Income Tax, NFAC Delhi & Ors. – Reassessment under Sections 147/148 Valid on Basis of Fresh Tangible Material (Delhi High Court, 2022)
Facts of the
Case
The petitioner challenged:
Notice dated 31 March 2021 issued under Section 147/148 of the
Income Tax Act
Reassessment order dated 25 March 2022
The reassessment pertained to A...
Mrs. Jayanti Dalmia vs Deputy Commissioner of Income Tax (Delhi High Court) – Penalty u/s 271(1)(b) for Non-Compliance of Notice u/s 142(1) Upheld
Facts of the CaseThe
present appeals were filed by the assessee challenging orders passed by the
Income Tax Appellate Tribunal (ITAT), which upheld penalty imposed under
Section 271(1)(b) for non-compliance with notic...