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Delhi High Court

Reopening for not considering a SC Judgment in original assessment not valid

October 30, 2015 841 Views 0 comment Print

Delhi High Court held In the case of Coperion Ideal Pvt. Ltd. vs. CIT that the mere fact that there was a judgment of the Supreme Court of 1997 which was not noticed by the AO when he framed the original assessment cannot per se constitute the only material on the basis of which the assessment could have been reopened.

Hamdard eligible for exemption u/s 10(23C) (iv) for business held in trust, as dominant purpose of assessee is charitable

October 29, 2015 2946 Views 0 comment Print

Delhi High Court held In the case of Hamdard Laboratories India and Anr vs. ADIT (E) & DGIT (E) that Hamdard‟s objects are charitable in nature and its activities relating to manufacture and sale of unani medicines

Regrouping in audited financials is not permitted after signing of accounts: HC

October 29, 2015 7915 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Morgan Securities & Credits Pvt. Ltd. that any changes in the audited financials like for e.g., the ‘regrouping’ of shares in the present case, if at all permissible, has to be preceded by a legally acceptable procedure adopted by the Assessee

AO is time bound to dispose of objections in response to notice u/s 148 by a speaking order: HC

October 29, 2015 2448 Views 0 comment Print

Delhi High Court held In the case of CIT vs. M/s Multiplex Trading & Industrial Co. Ltd. that the requirements regarding recording the reasons to believe; communicating the same to the Assessee; permitting the Assessee to file the objections

ITAT empowered to allow deduction u/s 80IB (10) even if requirement u/s 80AC is not complied with, in case of conflict of opinions: HC

October 29, 2015 2974 Views 0 comment Print

Delhi High Court held In the case of CIT vs. M/s Unitech Ltd. that where there are conflicts of opinions of the various benches of the ITAT on the provision u/s 80AC of requirement of return filing before due date to claim deduction u/s 80IB (10)

Mere copy of notice given during reassessment proceedings will not meet mandatory requirement of issue & service of notice

October 29, 2015 534 Views 0 comment Print

Delhi High Court held In the case of Principal CIT vs. Atlanta Capital Pvt. Ltd. that the requirement of both the issuance and the service of such upon the Assessee for the purposes of Section 147 and 148 of the Act are mandatory ‘jurisdictional requirements’.

Analysis of materials after reopening of assessment is post mortem exercise which is not permitted u/s 147 : HC

October 28, 2015 1741 Views 0 comment Print

Delhi High Court held In the case of Principal CIT vs. G & G Pharma India Ltd. that this is basic requirement of law u/s 147 that before reopening of assessment, AO must have apply his mind to the available materials

Allegation against Counsel of Revenue prima facie constitutes criminal contempt of court

October 28, 2015 1000 Views 0 comment Print

Delhi High Court held In the case of CIT vs. M/s Escorts Ltd. that in view of the nature of the conduct displayed by Sh. Gupta, i.e. preferring an application for intervention which was rejected, being Intervener Application No. 5779/2008

Netting of interest paid on borrowed fund against interest income earned on same fund is permitted

October 28, 2015 10156 Views 0 comment Print

Delhi High Court held In the case of Vodafone South Ltd. vs. CIT that the netting of the interest paid on the borrowed sum against the interest income earned is allowed. There was a direct nexus between the earning of interest on the loan advanced by the Assessee and payment of interest to the bank.

Reopening after 4 years not permissible if all accounts & records were made available at the time of original assessment – HC

October 28, 2015 667 Views 0 comment Print

Delhi High Court held In the case of Consultating Engineering Services (India) Ltd. vs. DCIT that for reassessment as per first proviso of section 147, it is pre- condition that the assessee has not made a full and true disclosure of the material particulars necessary for the assessment.

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