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Delhi High Court

Sec. 50B– Capital gain in slump sale- while calculating net worth of business, depreciation must be accounted

January 26, 2016 6257 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Dharampal Satyapal that as per section 50B, the value of the net worth must be computed by decreasing from the actual cost of asset falling within the block, the depreciation actually allowed in respect of previous years relevant to the assessment year commencing before 1st day of April, 1988

Settlement Commission has no jurisdiction to direct special audit as no nexus with settlement proceedings

January 24, 2016 829 Views 0 comment Print

Delhi High Court held In the case of Agson Global Pvt. Ltd. & Ors vs. Income Tax Settlement Commission & Ors that the powers and functions of an income tax authority which are to be exclusively exercised by the settlement commission must be in the context of and have a nexus with the settlement proceedings.

Interest on idle funds mainly brought for capital expansion can be set off against pre-operative expenses

January 24, 2016 1784 Views 0 comment Print

Delhi High Court held In the case of Principal CIT vs. Facor Power Ltd. that no substantial question of law arises for our consideration. This is so because, the Tribunal has correctly placed reliance on the decision of this Court in Indian Oil Panipat Power Consortium Limited [2009 315 ITR 255 (DEL).

Unascertained liability can be claimed as expense if estimated reasonably in mercantile system of accounting

January 24, 2016 11971 Views 0 comment Print

Delhi High Court held In the case of M/s. Aggarwal And Modi Enterprises (Cinema Project) Co. Pvt. Ltd Vs. CIT that whether a liability is ascertained or contingent is dependent on the facts of each case. Merely because a liability may be contractual or non-statutory would not make it incapable of being ascertained.

Purchase of software as a product being a transaction of sale, payment cannot be considered as royalty

January 24, 2016 4678 Views 6 comments Print

Delhi High Court held In the case of Principal CIT vs. M. Tech India Pvt. Ltd that in cases where the payments are made for purchase of software as a product, the consideration paid cannot be considered to be for use or the right to use the software.

HC restricts remedial action on audit objection – tones down rigour of Instruction No. 9/2006

January 22, 2016 2308 Views 0 comment Print

Sun Pharmaceutical Industries Ltd. Vs. DCIT (Delhi High Court) Vide this judgment, the Hon’ble Delhi High Court was pleased to read down the effect of para 4 of Instruction No. 9 of 2006, which provided that the AO was compelled to initiate reassessment in case of an audit objection, even if the AO is not in agreement with the objections of the Audit party.

CUP method can be applied by a comparing a pricing formulae instead of pricing quantification in amount

January 12, 2016 828 Views 0 comment Print

Pr. CIT vs. Toll Global Forwarding India Pvt Ltd (Delhi High Court) CUP method can be applied by a comparing a pricing formulae, rather than the pricing quantification in amount. Rule 10AB inserted w.e.f. 01.04.2012 is beneficial in nature and so retrospective w.e.f. 01.04.2002

Amount received in pursuance of agreement of construction of additional area, not assessable as business income

January 9, 2016 2486 Views 0 comment Print

Delhi High Court held In the case of Raj Dulari Bhasin vs. CIT that merely because the Assessee approached the builder for constructing the flats on the portion apart from the already constructed portion, would not make the transaction an ‘adventure in the nature of trade’.

Unilateral action on the part of one party with absence of mutual agreement cannot result into an international transaction

January 8, 2016 857 Views 0 comment Print

Delhi HC in the case of WHIRLPOOL OF INDIA LTD. held that in the absence of ‘mutual agreement’ or ‘arrangement’ or ‘action in concert’ for the allocation or apportionment of or contribution to the cost or expenses incurred by the Assessee in connection with benefit, service or facility provided to the AE , there cannot be an international transaction.

Rule 9B : Cost of prints cannot be clubbed with cost of acquisition of distribution rights of films for carried forward of unabsorbed cost

January 7, 2016 3514 Views 0 comment Print

Delhi High Court held In the case of Honey Enterprises. vs. CIT that the Assessee has sought to club the two expenses, that is, the cost of acquisition of distribution rights of films and the cost of prints for the purposes of charging the same against realizations from those films and for carrying forward the excess to the next year for the purposes of Rule 9B of the Rules.

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