4 December 2019
BOMBAY HIGH COURT DIMENSION DATA ASIA PACIFIC PTE... VS. DCIT DATED : 12.10.2018 Summarised Judgement (Scroll for Complete Judgement) Introduction : The petitioner is engaged in the business of profit management support services to group entities in Asia Pacific Region. Facts of the Case : During Assessment Year 2011-12 the Petitioner has rendered management support services to its 100 percent Indian subsidiary, DDIL and has received a management fee of INR 225,691,365/- pursuant to the Agreemen...
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DELHI HIGH COURT - TURNER GENERAL ENTERTAINMENT NETWORKS INDIA PVT. LTD. V. ITO, NEW DELHI, W.P.(C) 682/2019 DATED: 17-05-2017 Summarised Judgement (Scroll for the Complete Judgement) In the facts of above case, the Assessing Officer had disposed of the said application in the same manner as in the case referred to hereinabove, before Madras High Court and since the assessee could not make payment of 20% of disputed demand since the amount of demand was very large i.e. Rs.11,79,69,539/-, the Ass...
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THE SHRI SAIBABA SANSTHAN TRUST (SHIRDI) VS. UOI (BOMBAY HIGH COURT), W P NO: 939 OF 2018 DATE: 27-03-2018 Summarised Judgement (Scroll for Complete Judgement) Tax Recovery: CBDT should investigate arm twisting measures, dehors application of the law, adopted by the Revenue for recovery of tax and take corrective measures to ensure AOs are not overzealous in recovering maximum revenue before 31st March. Once the CIT(A) concludes hearing the appeal, the stay application becomes infructuous. The e...
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KHANDELWAL LABORATORIES PVT. LTD. VS. DCIT (BOMBAY HIGH COURT) WRIT PETITION (L) NO. 710 OF 2016 DATED : 28.03.2016 Summarised Judgement (Scroll for Complete Judgement) Citation : S. 220(6): Dept directed to redeposit moneys collected illegally by attachment of assessee’s bank account during pendency of stay application. A order passed on a stay application must give reasons for the refusal to stay the demand. Facts of the Case : This petition filed under Article 226 of the Constitution of India...
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INCOME TAX APPELLATE TRIBUNAL - CHANDIGARH ITO (EXEMPTIONS) VS. CHANDIGARH LAWN TENNIS ASSOCIATION M.A. NO. 37/CHD/2018, DATE: 23-03-2018 Summarised Judgement ( Scroll for Complete Judgement) Strictures passed against the Dept for confronting, showing resentment and displeasure to the Tribunal for granting interim stay against recovery of demand. The Dept is showing open defiance of, disrespect of, or of open resentment to, orders of the Tribunal, which may prove be very dangerous for the sancti...
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KERALA HIGH COURT N. RAJAN NAIR VS INCOME - TAX OFFICER AND ANR. DATED : 04.02.1987 Summarised Judgement (Scroll for Complete Judgement) “In exercising his power, the Income-tax Officer should not act as a mere tax gatherer but as a quasi-judicial authority vested with the power of mitigating hardships to the assessee.” Further, the Hon’ble Court also observed that “Administrative directions for fulfilling recovery targets for the collection of revenue should not be at the expense of foreclosing...
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ACIT VS. EPSON INDIA PVT. LTD (KARNATAKA HIGH COURT) W P NO.12913/2017, DATED: 17-01-2018 Summarised Judgement ( Scroll for Complete Judgement) Introduction: This writ petition has been filed by the petitioner Assistant Commissioner of Income Tax, Circle-2(1)(2), Bengaluru, challenging the interim stay order passed by the Income Tax Appellate Tribunal (‘ITAT’) vide Annexure-F dated 10-03-2017 in the stay application filed in the Income Tax Appeal by the respondent assessee M/s. Epson India Priva...
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SUPREME COURT - CIT VS RELIANCE PETROPRODUCTS PVT LTD DELIVERED ON 17/3/2010 Summarised Judgement (Scroll for Complete Judgement) Introduction : The assessee is a company and the relevant Assessment Year is 2001-02. The Return was filed on 31.1.2001 declaring loss of Rs.26, 54,554/-. This assessment was finalized under Section 143(3) of the Act on 25.11.2003 whereby the total income was determined at Rs.2,22,688/-. In this assessment the addition in respect of interest expenditure was made. Simu...
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CHANDIGARH TRIBUNAL - ITO VS. QUIXOTIC HEALTHCARE - THURSDAY, 06 AUGUST 2015 Summarised Judgement (Scroll for Complete Judgement) Gist 1. Penalty u/s 271(1)(c) can not be levied when full disclosure has been made 2. penalty cannot ordinarily be imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest, or acted in conscious disregard of its obligation 3. Penalty cannot also be imposed merely because it is lawful to do so 4. S...
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INCOME TAX APPELLATE TRIBUNAL - MUMBAI - RICHA DUBEY VS. INCOME TAX OFFICER Summarised Judgement (Scroll for Complete Judgement) Introduction : This appeal, filed by the assesse, being ITA No. 4887/Mum/2014, is directed against the orders dated 23-05-2014 passed by learned Commissioner of Income Tax (Appeals)- 28, Mumbai (hereinafter called “the CIT(A)” ), for the assessment year 2011-12, the appellate proceedings before the CIT(A) arising from the penalty order under section 271(1)(c) of the In...
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