Delhi High Court

Expense on issue of shares under ESOP allowable

Pr. CIT Vs Lemon Tree Hotels (P) Ltd. (Delhi High Court)

Pr. CIT Vs Lemon Tree Hotels (P) Ltd. (Delhi High Court) The question of law urged with respect to expenditure claimed towards case of Employee Stock Ownership Plan (ESOP) has been subject matter of previous orders of this Court in respect of the present assessee. For A.Y. 2008-09 in ITA 107/2017 (Commissioner of Income Tax […]...

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ITAT should expedite hearing in old appeals: Delhi HC

Nokia Solutions And Networks Italia SPA Vs DCIT (Delhi High Court)

President or the Senior Vice President concerned of the Tribunal should take appropriate steps and expedite the hearing in these appeals, so as to ensure that final orders in all these appeals are announced at the earliest, preferably within four months from today....

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Systems glitches on GSTN portal: HC called meeting with GSTN officials

Sales Tax Bar Association (Regd.) & Anr. Vs. Union Of India & Ors. (Delhi High Court)

The Court also requests the learned ASG to arrange a meeting in her chamber, at least one week prior to the next date of hearing, of the lawyers appearing on behalf of the Petitioner with the Senior Vice President Of the GSTN and an officer of the level of Additional Secretary in the Department concerned, so that there could be a meaningf...

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Delhi VAT on electrical equipment used in generation & distribution of electricity, supplied to DlSCOM

Commissioner of Trade & Taxes Vs Schneider Electric India Pvt. Ltd. (Delhi High Court)

The DlSCOMs provided certificates to the assessees, stating that supplies made by Schneider to DlSCOMs need not be included in the taxable turnover being valid deduction allowed under the Act read with Rule 11 of the DST Rules. Schneider (as well as other assessees in appeal, in this batch) claimed the exemption under the said Rule 11 (XI...

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Transfer of shares cannot be construed as transfer of assets

M/S Gillette India Limited Vs Delhi Development Authority (Delhi High Court)

M/s. Gillette India Limited Vs Delhi Development Authority (Delhi High Court) It is well settled that shares of a company are a separate asset wholly distinct from the assets held by the company. In the present case, there was dilution of the share capital of TGC as well as transfer of shares held by the […]...

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Non Filing of Income Tax Return | Offence under Section 276CC

Jay Polychem India Ltd. Vs ACIT (Delhi High Court)

Offence under section 276CC stood committed upon the non-filing of return under section 142(1) within the prescribed time limit. Hence, no case was made out for discharge of assessee....

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Genuineness / creditworthiness of parties from whom share capital/premium received

Pr. CIT Vs Adamine Construction (P) Ltd. (Delhi High Court)

Pr. CIT Vs Adamine Construction (P) Ltd. (Delhi High Court) The material on record in the form of the orders of the lower appellate authorities disclosed that both the assessee and later the share applicants (upon receiving notice under Section 131 of the Act) had produced documentary proof. These included the assessments and income-tax r...

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Substantial justice deserves to be preferred over technical considerations

Pr. CIT Vs M/s. E Smart Systems Pvt. Ltd. (Delhi High Court)

Pr. CIT Vs M/s. E Smart Systems Pvt. Ltd. (Delhi High Court) It is relevant to state that AO in his remand report dated 10.10.2016 did not dispute the veracity of the additional evidences furnished by the assessee and further learned CIT(A) did not admit the additional evidences purely on technical ground which is wholly […]...

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HC dismisses Assessment Order passed by AO to defeat VAT Refund

Rockwell Industries Vs Commissioner of Trade & Taxes & Anr. (Delhi High Court)

Rockwell Industries Vs Commissioner of Trade & Taxes & Anr. (Delhi High Court) HC held that it appears to us that in the present case the default assessment order has been generated only to defeat the refund claim of the petitioner, which, in any event, ought to have been paid well before the impugned orders […]...

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Non-compliance with Section 50 of the NDPS Act, 1985

Sikodh Mahto Vs. State (Delhi High Court)

The Hon­­'ble High Court of Delhi vide Judgment dated 6th June, 2019 passed in Crl. A. No.660/2017 titled Sikodh Mahto vs. State and in  Crl No.698/2017 titled Prabhu  Mahto vs. State while quashing the order passed by Ld. Additional Sessions Judge, acquitted the appellants in case involving alleged seizure  of contraband (Charas w...

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