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Delhi High Court

Expenses incurred between the dates of commencement of business to setting up of business are allowable

October 25, 2014 16042 Views 0 comment Print

Some of the relevant facts are, the assessee company was incorporated on September 19, 2007 under the Companies Act, 1956, to carry on trading activities which primarily included wholesale trading of all kinds of consumer goods durables, articles and products.

HC set aside order rejecting Stay of demand in high-pitched assessments

October 8, 2014 5909 Views 0 comment Print

we feel that it would be appropriate if the ACIT reconsiders the application of the petitioner for stay in the light of the observations contained in the said decision [Soul v. DCIT (supra)]. This is so because according to the petitioner the assessment is a high pitched one inasmuch as it is approximately 17 times of the returned income.

CA held guilty of professional misconduct for filing bogus form with ROC

September 10, 2014 8771 Views 0 comment Print

that the Economic Offences Wing of the Delhi Police, on the complaint of the complainant company had found that Sh. Sanjay Daksha, Sh. Sofi-ur­rehman, Sh. Binod Rajhans did not figure in the complainant company records before 8th March, 2004

Shares cannot be treated as stock instead of investment for mere non-receipt of dividend

September 1, 2014 799 Views 0 comment Print

The respondent-assessee had submitted that their total turnover was Rs.4697.23 crores, as against investment in shares of Rs.2.95 crores. In the previous assessment years they were maintaining dual portfolio of investment (capital asset) and stock-in-trade (trading asset).

AO not authorized to make any estimate U/s. 142(2A) of Income tax Act, 1961

August 29, 2014 1229 Views 0 comment Print

In the present case, there was no basis for the AO to determine that the true value of the property was Rs. 1.25 crores, by adopting the return on capital method. The AO was under a duty first to ascertain what was according to him the true cost of the property.

Section 153C – Mere use or mention of word “satisfaction” or the words “I am satisfied” in order or note is not sufficient

August 29, 2014 1220 Views 0 comment Print

On a plain reading of Section 153C, it is evident that the Assessing Officer of the searched person must be “satisfied” that inter alia any document seized or requisitioned “belongs to” a person other than the searched person.

Section 37- Redemption fine paid under Customs Act, 1962 is allowable expenditure    

August 29, 2014 4813 Views 0 comment Print

The respondent-assessee, a partnership firm, was engaged at the relevant time in manufacture of organic chemicals. Under an agreement dated 9th June, 1987 with M/s India Craft, the respondent-assessee purchased 630 metric tonnes Isobutanol by sale on high-sea basis.

Reopening Reasons to believe must be based on new tangible materials

August 23, 2014 1457 Views 0 comment Print

The assessee argues that the expression reasons to believe under Section 147 refers to objective circumstances. In the present case, the assessment was completed under Section 143 (3) after notice was issued under Section 142 (1) was issued and explanation sought in respect of all relevant matters.

CAG’s Appointment – Delhi High Court Judgment

August 13, 2014 2044 Views 0 comment Print

The Delhi High Court has dismissed two writ petitions filed by N.Gopalaswami (Former CEC) & others and Manohar Lal Sharma, Advocate challenging the appointment of Shri Shashi Kant Sharma as CAG of India made in May 2013

HC grants exemption U/s. 54F on construction of new house after demolishing of old one

August 3, 2014 4582 Views 0 comment Print

The Assessing Officer made two additions. Firstly, benefit under Section 54F of the Act was denied and capital gains of Rs.51,71, 994/- was brought to tax. The second addition made by the Assessing Officer of Rs.19,75,410/-

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