high court judgments - Page 3

Reopening by successor AO by revisiting the same materials is invalid

Director of Income Tax International Taxation-II Vs Rolis Royce Industry Power India Ltd (Delhi High Court)

In the opinion of the bench, e reopening based on mere reappraisal of existing material is without jurisdiction, and therefore, is invalid. The bench, while hearing an appeal filed by the department against the order of the ITAT, held that the assessee’s duty is only to disclose facts and not to make inferences. It was also held that th...

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Search & Seizure of Undisclosed income deposited into A/c of 3rd party

Strategic Credit Capital Pvt. Ltd. Vs Ratnakar Bank Ltd. & Anr. (Delhi High Court)

Just 3 days to Join GST Online Certification Course by GST Professionals & TaxGuru.in – Batch II 1. The main argument on merits by both Petitioners is that without a search warrant in their respective names, and without there being a demand raised and finalised, there is no power under Section 132 read with Section […]...

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Credible information and reason to believe required for a valid search

Ameeta Mehra vs. ADIT (INV) (Delhi High Court)

Many cases are coming to the courts where the legitimacy of the search and seizure is challenged. It is being continuously held in cases coming to the courts that before a search, conditions mentioned in section 132 of the Income Tax Act, 1961(for short ‘the Act’) should be fulfilled....

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Re-Assessment based solely on Info from Investigation Wing is invalid

Principal Commissioner of Income Tax Vs Meenakshi Overseas Pvt Ltd (Delhi High Court)

In Principal Commissioner of Income tax v. Meenakshi Overseas Pvt Ltd, the Delhi High Court held that re-assessment under Sections 147/148 of the Income Tax Act cannot be made only on the basis of information received from the Investigation Wing of IT Department....

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HC confirms ITAT’s deletion of notional interest adjustment on delayed AE receivables

Pr. CIT -V Vs Kusum Health Care Pvt. Ltd. (Delhi High Court)

Transfer Pricing : Impact of delayed associated enterprise receivables subsumed in working capital adjustment made by the assessee company. Delhi High Court confirms ITAT’s deletion of notional interest adjustment on delayed AE-receivables....

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No bar Under OECD to provide document relied to Appellant; Mere showing of document not sufficient

Poonam Jain Vs Union of India & Ors. (Delhi High Court)

High Court held that to say that the person being prosecuted or proceeded against can only be 'shown' such documents, but not provided copies thereof is untenable even on a plain reading of Article 26 (2) of the OECD Model Convention....

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Bogus purchases: HC remitted matter back and asked to follow Gujarat HC judgments

Commissioner of Income Tax-Central Vs M/s Carpet Mahal (Rajasthan High Court)

Considering the law declared by the Supreme Court in the case of Vijay Proteins Ltd. Vs. Commissioner of Income Tax, Special Leave to Appeal (C) No.8956/2015 decided on 06.04.2015 whereby the Supreme Court has dismissed the SLP and confirmed the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court ...

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Change of Opinion on A Particular Matter, Whether Reopening of Assessment Possible?

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

There has been constant reopening of assessments by Assessing Authorities on mere change of opinion while law is well settled on the point that an assessment cannot reopened by recourse to section 147/ 148 of the Income tax Act, 1961 on mere change of opinion of the Assessing Officer(AO)....

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Husbands Income Not Sole Criterion to award Maintenance amount

Deepak Malhotra & Ors Vs Deepti Malhotra & Ors (Delhi High Court)

The Delhi High Court, in the case of Deepak Malhotra vs Deepti Malhotra and Ors, has held that the proportion of the husband’s income to be awarded as maintenance pendente lite to the wife is dependent on the surrounding circumstances and cannot be determined by a strict mathematical formula....

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In absence of incriminating material found during search concluded assessments cannot be reopened U/s. 153A

Pr. Commissioner of Income Tax Vs. Meetu Gutgutia (Delhi High Court)

Just 3 days to Join GST Online Certification Course by GST Professionals & TaxGuru.in – Batch II A perusal of the common order of the ITAT shows that it first dealt with one common ground raised by the Assessee in all its appeals which concerned the jurisdictional issue of the validity of the invocation of […]...

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