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Delhi High Court

Addition not justified for expense which was not claimed as Expenditure or Deduction

February 11, 2019 3438 Views 0 comment Print

Mother Dairy Fruit & Vegetable Pvt. Ltd. Appeal: AO Failed To Establish A Legal Basis For The Addition On Account Of Disallowance Of Interest Expense, When The Assessee Had Not Even Claimed It As Expenditure Or Deduction, Addition Unjustified

Misconduct Proceedings against CA for Sexual Harrassment is valid : HC

February 11, 2019 2955 Views 0 comment Print

Lalit Agrawal Vs ICAI & ANR (Delhi High Court) Hon;ble Court is unable to accept the contention that the Board of Discipline does not have the jurisdiction to examine the alleged misconduct which includes Sexual Harrassment on the part of the petitioner. Clause (2) of Part-IV of the First Schedule to the Act is wide, […]

Interest cannot be disallowed for mere advancing of Interest-free advances to third parties

February 10, 2019 3735 Views 0 comment Print

Merely because non-interest bearing advance was given to third parties, the same would not justify that the test of ‘commercial expediency’ was not satisfied by assessee. Hence, disallowance of proportionate interest made by AO was not justified, as the same was given for business purposes.

HC allows interest on borrowed Funds advanced to Subsidiary Companies

February 8, 2019 5055 Views 0 comment Print

DLF Hotel Holding Case: Interest On Borrowed Funds Allowed As Deduction Under Section 36(1)(iii) Even If Some Of Funds Financed To Subsidiary Companies

HC directs HUL to deposit Rs. 90 cr with Central Consumer Welfare Fund

February 6, 2019 1215 Views 0 comment Print

Hindustan Unilever Limited Vs Union of India & Ors. (Delhi High Court) The issue pertains to Anti Profiteering order passed against HUL whereunder it was directed to deposit Rs.233 Crores. In the Writ Petition filed against the said order, the Delhi HC passed the following interim orders In view of the submissions and contentions raised, […]

No effect on Prosecution u/s Section 276CC by subsequent filing of income tax return

February 5, 2019 5895 Views 0 comment Print

Karan Luthra Vs ITO (Delhi High Court) The offence under Section 276 CC of IT Act deals with failure to comply with the obligation under Sections 139 (1) or 142(1) or 148 of IT Act. Disobedience of each said provision of law itself constitutes a distinct offence. The offence under Section 276 CC, prima facie, […]

Essential parts can be treated as complete goods for customs but not for Motor Vehicle Act

January 31, 2019 5316 Views 0 comment Print

Rama Krishna Sales Pvt. Ltd. Vs Union of India and Ors. (Delhi High Court) In a case involving import of essential parts for assembling e-rickshaw, Delhi High Court has held that Rule 2(a) of Interpretative Rules, treating unfinished articles as complete. The High Court observed that legal fiction created by a statute cannot be extended […]

Rule 3(2) of Companies (Registered Valuers & Valuation) Rules is constitutionally valid: Delhi HC

January 31, 2019 4125 Views 0 comment Print

Cushman And Wakefield India Private Limited Vs Union of India & Anr (Delhi High Court) The issue which falls for consideration is in a very narrow compass, whether a company, other than a subsidiary company, joint venture or associate of other company forms a separate class for the purpose of eligibility for registration as a […]

Non-Operation of a Centralised System not an Excuse to delay Service Tax Payment & avoid penalty

January 21, 2019 636 Views 0 comment Print

Meinhardt Singapore PTE. Ltd. Vs Commissioner of Service Tax (Delhi High Court) Whatever be the constraint, the assessee was faced with, it was duty bound to remit amounts collected by it towards service tax, in a planned manner, and as required by law. The deposit belatedly, by it, on the ground that the amounts were […]

Issuance of notice U/s. 143(2) is a mandatory obligation

January 20, 2019 1488 Views 0 comment Print

Where AO had failed to issue notice under section 143(2) before completion of assessment, addition made under section 68 during reassessment proceedings was deleted because issuance of notice under section 143(2) is a mandatory obligation on the part of AO.

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