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Delhi High Court

Credit of Advance Tax paid can be claimed under IDS 2016

April 4, 2017 3645 Views 0 comment Print

Court is of the opinion that there is no bar for an assessee or declarant to claim credit of advance tax amounts paid previously relative to the assessment years or periods for which it seeks benefits under IDS scheme.

Hike in Tuition Fee For Installing air conditioning system is illegal

March 27, 2017 1128 Views 0 comment Print

Director of Education has held that 15% additional increase in tuition fee for the session 2015-2016 by the Schools for air conditioning system is illegal and liable to be refunded / adjusted.

Constitution not allow a MP to make defamatory statement outside Parliament

March 15, 2017 2064 Views 0 comment Print

It was held that Article 105(2) though gives immunity in respect of everything said in Parliament but subject to the limitation that it should have been said during the sitting of Parliament and in the course of business of Parliament.

Entertainment Tax leviable in Delhi on Multi-System & Local Cable Operators

March 14, 2017 2706 Views 0 comment Print

High Court held that MSOs to the extent that they directly provide cable service to the subscribers without the intervention of any LCO, would be regarded as the ‘proprietors‘ under Section 7(1) and would be liable to collect and pay the entertainment tax to the Government.

Delhi HC Explains Section 271(1)(c) penalty read with Explanation 5

March 13, 2017 8742 Views 1 comment Print

These four appeals by the revenue, under Section 260-A of the Income Tax Act, (“the Act”) are directed against four separate orders of the Income Tax Appellate Tribunal (Delhi Bench) (“ITAT”) for AY 2005-06 and 2006- 07. The following common question of law was framed for decision by this court

HC refuses to Quash Criminal Case When Trial is almost over

March 11, 2017 705 Views 0 comment Print

No plausible explanation has been offered by the petitioner as to why the matter was not settled at the earlier stages. After the victims have examined themselves on oath and the matter is fixed for final disposal, it is not a fit case to quash proceedings under Section 482 Cr.P.C. on the basis of settlement.

HC bans CA for issuing wrong Share Application Money Certificate

March 6, 2017 5214 Views 1 comment Print

Proceeding to take cognizance of a report submitted by SEBI the Council of the Institute of Chartered Accountants constituted a Disciplinary Committee, forming a prima-facie opinion that the respondent was guilty of professional misconduct. Proceedings were initiated by the Disciplinary Committee.

Block Assessment: Additions not based on Incriminating Material found during search is not valid

March 6, 2017 6732 Views 0 comment Print

On the question of law presently before the court, the primary consideration is whether the AO had the jurisdiction to make the additions to the assessment under section 158BC of the Act. To analyze this, it is necessary to address the grounds of each such addition made, and assess if the AO had jurisdiction in conducting the block assessment within the meaning of section 158BC, or if this was indeed not within the purview of the AO’s jurisdiction.

Discount on Commerical Papers and Interest on Non-Convertible Debentures are Allowed as Business Expenses

March 5, 2017 2112 Views 0 comment Print

All the funds available at that point of time of merger, available with the respondent / assessee were, in the course of the year, deployed in the business of the respondent / assessee. Thus, AO could not have disallowed discount on commercial paper and interest on Non-Convertible Debentures.

ITAT has wide powers to call for records / examine the records and Such powers cannot be curtailed: HC

March 4, 2017 1182 Views 0 comment Print

Delhi High Court dismisses writ petition filed by Revenue and held that Income Tax Appellate Tribunal being an appellate body has wide powers to call for records/examine the records. Such powers cannot be curtailed and the Revenue cannot refuse to produce the records. The Revenue claims to be aggrieved by the direction of the Income […]

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