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Delhi High Court

Information of unauthorized construction cannot be denied under RTI

October 8, 2018 4617 Views 0 comment Print

Public information officer Vs V. Chaudhary (Delhi High Court) In terms of the RTI Act, all information as available with the public authority is required to be provided to the citizen unless it is exempt from disclosure under Section 8 of the RTI Act or otherwise pertains to the organizations that are excluded from the […]

HC upheld Invalidation of Income Tax Settlement Application for failure to make full and true disclosure of undisclosed income

October 7, 2018 1284 Views 0 comment Print

During the course of search, various documents, cash and jewellery were seized. Statements of the petitioner, his family members, employees and directors of associate companies were recorded under Section 132(4) of the Act. The petitioner had surrendered Rs.20 crores before Investigation Wing of the Income Tax Department on 21stApril, 2014.

Assessment U/s. 153C invalid if No satisfaction recorded in case of other person, i.e. assessee

October 5, 2018 3450 Views 0 comment Print

PCIT Vs N.S. Software (Firm) (Delhi High Court) It is now a settled proposition of law that even if AO for the person from whose premises documents were seized is the same as the AO for the person to whom  document belonged, separate satisfaction notes must be recorded. In the instant case, the AO’s note […]

Tax Audit Due Date Extension- Delhi HC listed case for 26.11.2018

October 3, 2018 13152 Views 0 comment Print

Northern India CA Federation Vs. Central Board Of Direct Taxes (Delhi High Court) In respect of appeal filed by Northern India CA Federation by which it requested Hon’ble Delhi High Court to direct CBDT to extend the due date of Tax Audit and relevant Income Tax Returns to 31st October 2018. Hon’ble High Court  while […]

MD & Director are equally responsible to file IT returns of Company

October 1, 2018 4335 Views 0 comment Print

Rakshit jain Vs ACIT (Delhi High Court) It is the argument of the petitioners that the obligation to verify and submit the ITR on behalf of the company has been placed by the legislature at the door of the managing director of the company and, consequently, it is inappropriate and unfair to rope in the […]

HC orders inquiry of concerned AO for manipulation of Assessment records

September 29, 2018 750 Views 0 comment Print

Prabhat Agarwal Vs DCIT (Delhi High Court) In this case revenue played a subterfuge, in trying to cover up its omission, and in ante dating the record, in the attempt to establish that such reasons existed, and this court’s interference was not called for. In these circumstances, this court hereby directs the Chief Commissioner concerned […]

Comparable with functional and risk profiles difference cannot be selected

September 27, 2018 2619 Views 0 comment Print

M/s. Mckinsey Knowledge Centre India pvt. Ltd. Vs PCIT (Delhi High Court) The revenue urged that a stringent application of the comparability test was unnecessary as was also provisioned in Chapter-6 of United Nations Practical Manual on Transfer Pricing, Edition 2013, and some flexibility in conducting this comparison was urged to be allowed. However, from […]

Delhi VAT: Interest allowable on Pre-Deposit Refund paid for filing Appeal

September 24, 2018 2850 Views 0 comment Print

MRF Ltd. Vs Commissioner of Trade and Taxes (Delhi High Court) Pre-deposit sums which the assessee is compelled to pay to seek recourse to an appellate remedy, do not necessarily bear the stamp or character of tax, especially when it succeeds on the particular plea. That being the case, the insistence upon a procedural step, i.e. filing of a form […]

NICAF files writ in Delhi HC against non extension of Tax Audit / ITR due date

September 24, 2018 17484 Views 4 comments Print

Northern India CA Federation Vs Central Board of Direct Taxes (Delhi High Court) Northern India CA Federation has filed a writ petition in Delhi High Court against non-extension of Tax Audit Report and the relevant Income Tax Return filing due date for Financial Year 2017-18 (i.e. A.Y. 2018-19). FULL TEXT OF THE HIGH COURT ORDER […]

Clubbing of Advance authorisations when not possible: HC explains

September 20, 2018 1524 Views 0 comment Print

Jindal Poly Film Ltd Vs Designated Authority & Anr. (Delhi High Court) In a case involving clubbing of Advance Authorisations issued in 2004 and 2010, Delhi High Court has held that clubbing can be provided only if export obligation period of authorization issued at a prior point of time allowed under Paragraph 4.22 of the […]

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