high court judgments - Page 20

No addition for mere non-reconciliation of Professional fees with AIR details

CIT Vs Shri S. Ganesh

It has categorically been explained by the assessee that it is not practically possible to give detailed party wise breakup of fees receipts since the assessee received his fees either directly from the clients or from the instructing advocates or CAs, if they have collected the amounts from the clients. ...

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Earning of profit from an incidental activity does not affect charitable status

DIT Vs M/s Lala Lajpatrai Memorial Trust (Bombay High Court)

Even after amendment of the Trust Deed the main object of the trust was to promote education. Letting out was incidental and not the principle activity of the assessee trust.Thus carrying out such incidental activity and the income derived from it is used for the educational institute and not for any particular person & thus newly inserte...

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AAR cannot be applied for Transaction already pending before Tax Authorities

Hyosung Corporation Vs Authority For Advance Rulings & Ors (High Court Delhi)

The Assessee filed application with AAR for for determination of the question regarding taxability of its profits arising from offshore sales. The AAR rejected the applications as notice Section 143(2)/ 142(1) were already issued prior to the filing of the application before the AAR, the transaction in respect of which the ruling of the ...

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One time upfront payment- Sale or Lease Payment?

M/s.Foxconn India Developer (P) Ltd. Vs ITO (Madras High Court)

The Hon'ble Madras HC in the above cited case held that the one time upfront payment made by assessee lessee to lessor for the acquisition of leasehold rights over an immovable property for a long duration of time say 99 years could not be taken to constitute rental income at the hands of the lessor because the dominant intention of leasi...

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Interest U/s. 244A on Excess self Assessment Tax Payment cannot be denied

CIT Vs Birla Corporation Limited (Calcutta High Court)

scope of section 154 does not extend to a debatable issue and hence the assessing officer in exercise of power u/s 154 could not have withdrawn the interest u/s 244A(1)(b) on the refund of excess self assessment tax....

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Offshore supply of equipments not taxable in India

M/S Nortel Networks India International Inc. Vs DIT (High Court Delhi)

An enterprise of a Contracting State shall not be deemed to have a permanent establishment in the other Contracting State merely because it carries on business in that other State through a broker, general commission agent, or any other agent of an independent status, provided that such persons are acting in the ordinary course of their b...

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Mobilisation / demobilisation charges cannot be treated as Royalty

Technip Singapore Pte Ltd. Vs DIT & ANR (Delhi High Court)

As far as DTAA in the present case is concerned, the income earned by the Assessee would be treated as royalty only where it is received as consideration for the use of the equipment, i.e., industrial, commercial or scientific....

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Delhi HC Judgment on Construction of Complex Service- A Review

Suresh Kumar Bansal Vs Union of India &Ors (Delhi High Court)

Thus, while the legislative competence of the Parliament to tax the element of service involved cannot be disputed but the levy itself would fail, if it does not provide for a mechanism to ascertain the value of the services componentwhich is the subject of the levy.[Para 37]...

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Interest & discount on commercial papers & non-convertible debentures allowable if fully used in Business

CIT Vs Amar Ujala Publication Ltd (High Court of Delhi)

mar Ujala & A & M Publication had being merged & Assessing officer disallowed cost of finance incurred for merger of above said companies & thus CIT(A), ITAT & Highcourt deleted addition made by AO & thus gave following decision: All the funds available at that point of time with the respondent / assessee were, in the course of the yea...

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Share Profit cannot be treated bogus for fabulous return in Short Time

CIT Vs Shri Mukesh Ratilal Marolia (Bombay High Court)

The presumption is so compelling that comparatively a small amount of investment made by the assessee during the previous year period relevant to the assessment years 1999- 2000 and 2000-01 have grown into a very sizable amount ultimately yielding a fabulous sum of Rs. 1,41,08,484 which was used by the assessee for the purchase of the fla...

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