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No new addition can be made in reopening on issue duly considered during original proceeding

January 7, 2016 581 Views 0 comment Print

Delhi High Court held In the case of Shri Parasram Industries Pvt. Ltd. vs. ITO that the present case is related to change of opinion. This is so, because in the questionnaire, the AO specifically raised the issue with regard to the validity of shareholdings.

Settlement commission have no jurisdiction to direct special audit: Delhi HC

January 6, 2016 889 Views 0 comment Print

Agson Global Pvt. Ltd. Vs. Income Tax Settlement Commission (Delhi HIgh Court) This is a nascent issue tested for the first time by any High Court in India with far reaching effects as regards the power to direct a special audit.

Goodwill value cannot be challenged where slump sale includes sale of goodwill & such agreement is beyond any doubt

January 4, 2016 9278 Views 0 comment Print

Delhi High Court held In the case of Triune Energy Services Pvt. Ltd. vs. DCIT that if ITAT have no doubt on slump sale agreement and do not thinks that it is a colourable device than the agreement between the parties must be accepted in its totality.

Project completion method being a recognized method as per notified AS, rejection of account not permitted

January 4, 2016 18599 Views 1 comment Print

Delhi High Court held In the case of Paras Buildtech India Pvt. Ltd. vs. CIT that the settled legal position as far as Section 145 is concerned is that it is not open to an AO to reject the accounts of an Assessee unless he comes to a determination that notified accounting standards have not been regularly followed by the Assessee.

Mere revised return filing will not invalidate notice u/s 143(2) issued in pursuance of original return

January 4, 2016 3514 Views 0 comment Print

Delhi High Court held In the case of Vinod Kumar Khatri vs. DCIT that revised return relate back to return originally filed, minus the omissions and wrong statements. Even if the revised return replaces the original return, the assessment proceedings leading up to the revised return do not get obliterated.

In order to forfeit gratuity of terminated employee u/s 4(6)(b)(ii) of PG Act, 1972, his conviction for an offence involving moral turpitude is mandatory

January 4, 2016 4134 Views 0 comment Print

In order to invoke Section 4 (6) (b) (ii) of the PG Act to forfeit an amount of gratuity payable to an employee, the condition precedent is that terminated employee must be convicted for an offence for the time being in force and that offence must be an offence involving moral turpitude.

No writ of mandamus can be issued to Registrar, Cooperative Societies to amend rules

January 4, 2016 2586 Views 0 comment Print

1. Invoking writ jurisdiction under Article 226 of the Constitution of India, the present writ petition has been filed by the petitioner seeking writ of mandamus or suitable direction to respondent No. 2/Registrar, Co-operative Societies for appropriate amendment in the service rules in the light of the order passed by this Court in Writ Petition […]

PF Commissioner obliged to enquiry U/s. 7A(3A) of EPF Act before deciding applicability dispute and determining PF dues

January 4, 2016 5019 Views 0 comment Print

1. Superb question of law involved in this batch of writ petitions is whether the Assistant Provident Fund Commissioner is justified in holding that “Commission Vendors” engaged by the petitioner/its predecessors-in interest for selling its food products can be considered to be its employees for the purpose of Section 2 (f) of the Employees’ Provident […]

Mere incidental benefits to foreign AE from AMP expenses cannot be a basis for existence of an international transaction

January 4, 2016 1790 Views 0 comment Print

Delhi High Court held In the case of Honda Siel Power Products Ltd. vs. DCIT that the Court is satisfied that in the present case, the Assessee is carrying on business as an independent enterprise and is incurring AMP expenses for its own benefit and not at the behest of the AE.

Compensation on termination of Joint venture agreement not liable to capital gain tax if received / accrued before 01/04/2003

January 4, 2016 3270 Views 0 comment Print

Delhi High Court held In the case of CIT vs. HCL Infosystems Ltd. that the receipt by the Assessee as a result of the termination of the JVA during AY 1998-99 was a capital receipt but in light of Section 55 (2) (a) as it stood at the relevant time, the said amount cannot be brought to capital gains tax.

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