Delhi High Court

Under Rule 22 (2) of the Anti-Dumping Rules and the proviso thereto, the initiation of a new shipper review cannot be with retrospective effect in the case of a first time exporter.

M/s H and R Johnson (India) Limited Vs Union of India [New Delhi High Court]

H and R Johnson (India) Limited,Versus Union of India - Under the given circumstances of the case and particularly the purport of Rule 22 (2) of the Anti-Dumping Rules and the proviso thereto, the initiation of a new shipper review cannot be with retrospective effect in the case of a first time exporter. ...

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Employer’s Obligation-TDS-Previous Employment’s payments

Commissioner of Income-tax XVI (DELHI) Vs. Marubeni India (P.) Ltd. (Delhi High Court)

CIT v. Marubeni India (P.) Ltd. In case where the present employer did not include salary paid by the previous employer u/s 192(2), because previous employer did not provide the details of disbursement, issue arose whether such present employer is liable for penal interest. It was held by HC that the liability of the present employer is l...

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Rohitasava Chand Versus Commissioner of Income Tax (Delhi High Court)

Rohitasava Chand Vs Commissioner of Income Tax (Delhi High Court)

There is no doubt that the non-compete agreement incorporates a restrictive covenant on the right of the Assessee to carry on his activity of development of software. It may not alter the structure of his activity, in the sense that he could carry on the same activity in an organization in which he had a small stake, but it certainly impa...

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Validity of Selection of case for scrutiny assessment-Selection contrary to CBDT’s instructions

CIT vs Best Plastics (P) Ltd. (Delhi High Court)I. T. A. No. 951 of 2005 (05/04/2006)

CIT vs Best Plastics (P) Ltd. The Commissioner of Income-tax and the Income-tax Appellate Tribunal have both relied upon a decision of the Supreme Court in Commissioner of Customs v. Indian Oil Corporation Ltd. [2004] 267 ITR 272 to have that the circulars issued by the Central Board of Direct Taxes (CBDT) binding on the officers of the I...

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Deduction on actual payment – Payments towards PF and ESIC

CIT vs Dharmendra Sharma (Delhi High Court)

CIT vs Dharmendra Sharma - This decision was taken in appeal before the Supreme Court and by an order dt. 7th March, 2007 [reported as CIT vs. Vinay Cement Ltd. (2007) 213 CTR (SC) 268—Ed.], the Supreme Court observed that it was concerned with the law as it stood prior to the amendment of s. 43B of the Act. The assessee was entitled to...

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Appeal to High court – Estimate of income

CIT vs Aero Leather (P) Ltd. (Delhi High Court)

The learned Tribunal has noted that it was common ground between both the parties that the income of the Assessee was liable to be determined on an estimate basis. ...

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Validity of Return-Return signed by General Manager of Company

CIT vs Bhiwani Synthetics Ltd. (Delhi High Court)

CIT vs Bhiwani Synthetics Ltd.- Citation 199 Taxation 204 Validity of Return - Return signed by General Manager of Company The return of the assessee company was signed by the General Manager (Finance). The CIT(A) and the Tribunal directed the A.O. to give an opportunity to the assessee to cure the defect. The company had given a power of...

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Molasses storage fund collected out of sale proceeds of molasses as per law cannot be included in Income of Assessee

DCM Ltd. Vs Commissioner Of Income Tax (Delhi High Court)

Amounts were collected as per the directions given by the Molasses Control (Amendment) Order, it goes to the molasses storage fund over which the assessed has no control and domain. Inasmuch as the assessed cannot utilise the same for its own business purpose, we have also here to hold that there is diversion by overriding title at the so...

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Prem Chand Bansal and Sons Vs. Income Tax Officer, (237 ITR 65) (Delhi)

Prem Chand Bansal And Sons Vs Income-Tax Officer (Delhi High Court)

The case of the petitioner interalia was that there was a change in law as brought about by the decision of the Supreme Court. The Delhi High Court while holding that in considering a delay condonation application facts and circumstances of the each case are required to be considered, held that the facts of the case warranted condonation ...

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Income Tax: Firm and partners are separate legal entities

Commissioner Of Income Tax vs Nagpur Golden Transport Co. (Delhi High Court)

The scheme of the IT Act, 1961, shows that the firm and its partners are treated as two separate legal entities so far as the provisions of tax law are concerned. While framing an order of assessment under the provisions of the IT Act, 1961, the firm and its partners are to be treated as two separate legal entities and payment of interest...

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