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Delhi High Court

Reassessment without due application of mind by AO was invalid

November 6, 2023 2373 Views 0 comment Print

Re assessment notice issued under section 148 solely on basis of information received from the Kolkata Investigation Directorate that certain persons, who were based in Kolkata, had incorporated shell companies.

Computer software being integral for working of hardware are depreciable @60%

November 6, 2023 1143 Views 0 comment Print

Delhi High Court held that the computer software which are necessary and integral for the working of hardware are eligible for depreciation at the rate of 60% instead of 25%.

No Section 194H TDS deductible on Trade Discount Retained by Ad Agencies

November 5, 2023 1281 Views 0 comment Print

Delhi High Court’s judgment in PCIT vs. Optimal Media Solutions Ltd. for AY 2009-10 clarifies that retention by advertising agencies is trade discount, not subject to TDS under section 194H.

Delhi HC: Review Petition Allows Revisiting Crucial Document Request

November 5, 2023 684 Views 0 comment Print

Delhi High Court grants a review petition challenging the handling of a petitioner’s document request by the Customs Commissioner. Learn more in this article.

Deduction was allowable on upfront loan processing fee paid in lumpsum in the year of payment

November 4, 2023 6048 Views 0 comment Print

Merely because the loan processing charges though paid upfront but amortized over a period of five years, solely to be in consonance with the mercantile system of accounting, deduction of the entire charges in lump sum in the year in which the same were paid could not be denied to assessee.

Notice u/s 274 needs to be issued before limitation period prescribed u/s. 275(1)(c)

November 4, 2023 2541 Views 0 comment Print

Delhi High Court held that the notice under Section 274 of the Income Tax Act should have been issued before the period of limitation as prescribed under section 275(1)(c) of the Income Tax Act.

Triggering of re-assessment proceedings on matter for which AO had already formed an opinion is untenable

November 4, 2023 816 Views 0 comment Print

Delhi High Court held that it is settled legal position that re-assessment proceedings under section 148 of the Income Tax Act cannot be triggered on the aspects which AO has already formed an opinion. Accordingly, notice issued u/s 148 set aside.

Do Provisions of IBC 2016 Override Income Tax Act 1961 in Case of Inconsistencies?

November 4, 2023 990 Views 0 comment Print

Explore the Delhi High Court’s view on whether the IBC 2016 Code supersedes Income Tax Act 1961 when inconsistencies arise. Detailed analysis and insights.

HC Denies Anticipatory Bail in ₹2.27 Crores Fraud via Bogus GST-Registered Firm

November 3, 2023 1446 Views 0 comment Print

Mr Sujeet Singh Hussain, in whose name M/s Madhu Enterprises was registered, had stated that he was working as a security guard in the office of present applicants, who got his signatures for opening the bank account and fraudulently got the firm registered in his name as well as other employees.

Section 148 Reassessment Set Aside for Lack of Deficiency in Assessee’s Explanation

November 3, 2023 627 Views 0 comment Print

Delhi High Court held the reassessment proceedings under section 148 of the Income Tax Act as liable to be set aside as AO failed to demonstrate that explanation given by the assessee was deficient.

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