delhi high court

CIT Vs. Sumangal Overseas Ltd. (Delhi HC) - The Court held that where no appeal is preferred by the assessee against the quantum order, yet, while deciding the penalty appeal, it is open to the Tribunal to look into the transaction to see as to whether the claim was bona fide or it was bogus and result of falsehood. From that angle, when the Tribunal examined the matter, it found that on the facts of this case when advances given to the suppliers were not written off as .. Full Article

CIT Vs. Kas Movie Pvt. Ltd (Delhi HC) - For the purpose of claiming benefit under Section 80HHF of the Act, ownership of goods is not essential as held by the Supreme Court in the case of Sea Pearl Industries and Others Vs. Commissioner of Income Tax, 247 ITR 578. Thus, when two views were possible and the assessee made the claim on the basis of advice of the consultants, it was not a case where the penalty should have been imposed. Full Article

Fashion Television India Pvt Ltd v/s fTV BVI (Delhi High Court) - The Court lays down important principle that an interim relief to enforce a negative covenant under a contract would be refused if the same would render a party to a contract idle unless it continues to perform the positive obligations under the contract. It was held that mere existence of a negative covenant is enough to persuade a court to grant an interim injunction to enforce it. Under Section 14.. Full Article

CIT Versus Narayan Securities Pvt. Ltd. (Delhi HC)- The Tribunal relied upon the case of ITO v. Smt. Darshan Kaur of the Amritsar Bench of the Tribuanl and also the case titled CIT v. Atlas Cycle Industries, 180 ITR 319 and CIT v. M.P. Iron Traders 189 CTR 154, holding that the assumption of jurisdiction to frame the assessment by invoking Section 147 of the Income Tax Act was not justifiable in this case and consequently quashed the assessment framed under Section 143.. Full Article

Five corporate honchos, including Unitech Group MD Sanjay Chandra and Group MD of Reliance ADAG Gautam Doshi, will remain in jail in the 2G case with the Delhi High Court today dismissing their bail pleas, saying the gravity of offence itself is sufficient to deny bail. Full Article

The Delhi High Court today dismissed a petition seeking its intervention in deciding the maximum limit for expenses in marriage functions. "I am of the considered opinion that this court cannot venture into the issue and hence the petition stands dismissed," a division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said. Full Article

Cellular Operators Association of India & Ors. Versus Municipal Corporation of Delhi.(Delhi High Court) - The challenge by the petitioners is primarily to the fee prescribed for grant of permission. However, certain other terms and conditions imposed are also challenged. It is the contention of the petitioners that imposition of fee and any other condition for installation of towers is beyond the purview of the jurisdiction of MCD. The writ petitions were accompanied wit.. Full Article

The assessee who was not the shareholders of M/s. Jackson Generators (P) Ltd. (JGPL) could be treated as covered by the definition of 'dividend' as contained in Section 2(22)(e) of the Income Tax Act (hereinafter referred to as ‗the Act‘). This issue has arisen under the following circumstances. Full Article