high court judgments - Page 10

Reopening based on reappraisal of existing material is invalid

Director of Income Tax (International Taxation) Vs Rolls Royce Industrial Power India Ltd (Delhi High Court)

The AO examined the nature of the transactions involving the Assessee and the payments received therefor. The reopening was not based on any fresh material. By revisiting the same materials the successor AO now concluded that the payments received by the Assessee pursuant to the O&M Agreements should be treated as FTS. ...

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Income Tax Search without credible information is invalid

Ameeta Mahera Vs Additional Director of Income Tax (INV)-Unit And ANR (Delhi High Court)

The law in relation to searches under Section 132 of the Act has been explained in a large number of decisions of the Supreme Court and the High Courts. The jurisdictional facts that have to be established before a search under Section 132 (1) of the Act can be authorized are that (i) the authority issuing the authorization is in possessi...

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Reassessment notice not becomes invalid for delay by Postal Authority

Rajesh Sunderdas Vaswani Vs. C.P. Meena, Dy. CIT & Ors. (Gujarat High Court)

They have been heard together and are being disposed of by this common judgment. Facts may be noted from Special Civil Application No. 2548 of 2016....

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Rejection of Books of Accounts is Pre-Requisite As Per Section 145(3) For Making an Assessment Under Section 144

CIT vs. Pashupati Nath Agro Food Products Pvt. Ltd (Allahbad High Court)

Under section 145 of the Act, rejection of books of accounts is pre-requisite, where books of accounts have been maintained by the assessee, for making additions by the AO on account of estimation of profit....

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Addition justified for Voluntarily admitted tax liability retracted after 2 years

PR. CIT (C)-2 Vs Avinash Kumar Setai (Delhi High Court)

The Court is not satisfied that the retraction made by the Assessee two years after the declaration was bonafide. There was no satisfactory explanation for not including the said amount in the return of income filed by the Assessee on 26th September, 2009....

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Interest on FD interest used as LC Margin Money for Industry set-up is taxable as Other Income

CIT Vs M/S Bhawal Synthetics (Rajasthan High Court)

In the case in hand, it is not in dispute that the assessee had income of interest through FDRs and while setting off that the Assessing Officer as well as the ITAT did not examine the aspect as to under which provision the assessee claimed deduction or set off his income from other sources against […]...

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DRI has no locus standi to file writ petition under Article(s) 226/227 of Constitution of India

Union of India Vs M/s. Padmini Polymers Ltd & ANR (Delhi High Court)

The division bench of Delhi High Court, in UOI v. Padmini Polymers Ltd & Anr, held that Directorate of Revenue Intelligence (DRI) has no jurisdiction to file Writ Petition under Article 226 of the Constitution of India against the order of the Settlement Commission....

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HC cannot entertain appeals related to determination of disputes relating to tax ability of services or excisability of goods

Commissioner Service Tax Vs DLF Golf Resorts Ltd. (Punjab & Haryana High Court)

Section 35L is being amended so as to clarify that determination of disputes relating to tax ability or excisability of goods is covered under the term 'determination of any question having a relation to rate of duty' and hence, appeal against Tribunal orders in such matters would lie before the Supreme Court....

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Operating profit is Relevant in deciding Interest Waiver Application

Pioneer Overseas Corporation USA Vs CIT (Delhi High Court)

Fact that the Assessee is a part of DuPont, a global conglomerate which had in 2011 $37.96 billion in net sales and $6.253 billion as operating profit , cannot be said to be an irrelevant factor in considering whether any genuine hardship was undergone by the Petitioner....

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Mere furnishing Shareholders ID not sufficient to discharge onus u/s 68

M/s. B.R. Petrochem Pvt. Ltd. Vs The Income Tax Officer (Madras High Court)

In B.R Petrochem Pvt Ltd Vs. ITO, the division bench of the Madras High Court held that mere furnishing of identity of shareholders by the asseessee would not sufficient to discharge their onus under section 68 of the Income Tax Act. While confirming the addition made against the assessee, the bench ruled that the assessee must prove the ...

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