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Delhi High Court

Withholding certificate at a low tax rate cannot be rejected for demand due to pending rectification applications

August 14, 2022 1263 Views 0 comment Print

Withholding certificate at a low tax rate rejected for huge outstanding demand, although same were due to pending rectification applications

No Section 153A/153C addition If no Incriminating Material found during Search

August 14, 2022 4752 Views 0 comment Print

If no incriminating material found during Income Tax search in respect of an issue, no addition for such issue can be made Sections 153A/153C

Disallowance without any cogent reasoning or working not sustainable

August 14, 2022 318 Views 0 comment Print

Addition by AO without providing any cogent reasoning or working, based on which such disallowances were made are not sustainable.

TDS on interest paid to China Development Bank- HC dismisses Stay Application

August 14, 2022 582 Views 0 comment Print

Disputed demand has arisen for failure of Tata Teleservices to deduct tax at source on interest payments made to China Development Bank

Setting aside an arbitral award due to insufficiency of evidence is untenable

August 13, 2022 2385 Views 0 comment Print

Held that insufficiency of evidence or material is not a ground for setting aside an arbitral award. Income tax return is material evidence to establish the claim.

DSIR statutorily bound to issue Form 3CL within 120 days: HC

August 13, 2022 4938 Views 0 comment Print

SRF Ltd Vs Union of India (Delhi High Court) Section 35(2AB) of the Act provides for weighted deduction of one and one half times (150%) of the expenditure incurred by a company on scientific research on in-house R&D facilities approved by the prescribed authority i.e. DSIR. In support of his submission, he relies upon Rule […]

Tax credit cannot be denied for deposit under wrong head

August 13, 2022 576 Views 0 comment Print

There is no dispute that petitioners deposited taxes, however, the mistake which petitioners have committed is that they deposited tax under minor head ‘200’ instead of ‘400’.

Dispute of ESOP is referable to arbitration

August 9, 2022 1644 Views 0 comment Print

Held that dispute in respect of ESOP which forms part of the Employment Agreement, would be referable to arbitration as provided in Clause 21 of ESOP.

Arbitral tribunal cannot review but can vacate/ modify the order

August 8, 2022 3846 Views 1 comment Print

Held that TDI was not seeking a review, but rather, a discharge/ modification of the conditions prescribed in the said interim order. Accordingly, Arbitral Tribunal was entitled to exercise the said option, having regard to the principles enshrined under Order XXXIX Rule 4 of CPC.

Section 241A order cannot be passed in a mechanical & routine manner

August 8, 2022 1539 Views 0 comment Print

HC held that an Order under Section 241A of the Act cannot be passed in a mechanical and routine manner. Refunds cannot be withheld just because the Notice under Section 143(2) of the Act has been issued and the Respondents want to verify the claim for deduction under Section 10AA of the Act.

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