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Delhi High Court

Mitusubishi TDS Case: Delhi HC Refers matter to Chief Justice due to difference of opinion

December 6, 2017 2586 Views 0 comment Print

CIT Vs. Mitsubishi Corporation India P. Ltd. (Delhi High Court) Due to difference of opinion on below issues  between Justices S Muralidhar and Prathiba M Singh, Delhi High Court, has referred the Mitusubishi’s TDS case to Chief Justice for appropriate orders:- (i) Whether the ITAT fell into error in holding that Section 40(a) (i) of […]

HC grants interim relief in case related to credit of clean energy cess on purchase of coal

December 6, 2017 1725 Views 0 comment Print

In the present case, it is stated that the Petitioner has already paid the Clean Energy Cess under Chapter VII of the Finance Act, 2010 CFA 2010′) on the coal lying in stock on 30th June, 2017. Such stock is stated to be around 2,85,418 tonnes, on which the cess already paid is to an extent of Rs. 11.41 crores.

S. 264: Powers & duties of CIT while dealing with a revision application

December 4, 2017 7311 Views 0 comment Print

Commissioner cannot refuse to entertain a revision petition filed by the assessee under Section 264 of the Act if it is maintainable on the ground that a similar issue has arisen for consideration in another year and is pending adjudication in appeal or another forum.

Claim of depreciation on land cannot be termed as clerical mistake

December 2, 2017 12582 Views 0 comment Print

It is a manifest procedure that before filing of the Income Tax return for the assessment year 2007-2008 by the petitioner, the same is scrutinized, firstly, by the auditors of the company. Secondly, by the directors of the company before endorsing their signatures on the final Balance Sheet. Therefore, it cannot be considered as a mere accounting mistake.

Difference of opinion between CIT(A) & TPO cannot per se be a ground for interference

December 1, 2017 954 Views 0 comment Print

Pr. CIT Vs Makemy Trip India Pvt. Ltd. (Delhi High Court) The Court is of the opinion that no substantial question of law arises. The difference of opinion between the CIT(A) and the TPO, as to the appropriateness of one or the other methods, cannot per se be a ground for interference; the appropriateness of […]

CAs ought to maintain highest level of ethics and integrity: Delhi HC

November 30, 2017 1653 Views 0 comment Print

Court would like to observe that CAs ought to maintain the highest level of ethics and integrity, not only in the interest of their clients but also to ensure that probity and sanctity are not compromised in any manner as CAs are not merely professionals engaged by their clients, but are protectors and guardians of financial markets on which a nation depends.

Merely Playing Rummy with Small Stakes in a Club not makes it Gambling

November 30, 2017 2232 Views 0 comment Print

Merely because a card game of rummy was played in the club premises with small stakes from a few annas to some rupees would not make it gambling as held by the Supreme Court in the judgment in the case of State of Andhra Pradesh Vs. K. Satyanarayana & Ors. AIR 1968 SC 825

Revision petition U/s. 264 cannot be refused for pendency of similar petition for another year

November 28, 2017 1632 Views 0 comment Print

Commissioner cannot refuse to entertain a revision petition filed by the assessee under Section 264 of the Act if it is maintainable on the ground that a similar issue has arisen for consideration in another year and is pending adjudication in appeal or another forum.

Registration U/s. 12AA(3) cannot be made before date of introduction of Sec. 12AA(3)

November 26, 2017 1470 Views 0 comment Print

U.P. Distillers Association Vs. CIT (Delhi High Court) In this case Assessee urged that, in any event, the cancellation could not have been from inception but only from the date Parliament amended Section 12AA, i.e. from 01.10.2004. HC  held that  that the cancellation of registration in this case could have related back only from the […]

Section 153(2): Period of 60 days to be counted from whether date of vacation of stay or date of receipt of order

November 26, 2017 7872 Views 0 comment Print

Where in case of reassessment proceedings stay was granted by court and thereafter stay was vacated, the reassessment order was to be passed within 60 days from the date of vacation of stay, AO was not justified in saying that the period of 60 days should be counted from the date of receipt of order in office since it was not aware of the order.

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