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Delhi High Court

Interest payable on refund of money deposited by Assessee upon re-computation by Revenue

August 14, 2022 3825 Views 0 comment Print

Assessee found entitled to refund of money deposited by it upon re-computation by Revenue & interest thereon is liable to be paid under Section 244A(1)(b)

Bad debts written off in books allowable  

August 14, 2022 3831 Views 0 comment Print

To claim deduction on account of bad debts, two conditions have to be met by the Assessee i.e. (i) the bad debts must have been taken into account in computing the income of the Assessee of previous year or of an earlier/previous year and; (ii) the bad debts should have been written off in the accounts of the Assessee.

Withholding certificate at a low tax rate cannot be rejected for demand due to pending rectification applications

August 14, 2022 1743 Views 0 comment Print

Withholding certificate at a low tax rate rejected for huge outstanding demand, although same were due to pending rectification applications

No Section 153A/153C addition If no Incriminating Material found during Search

August 14, 2022 5415 Views 0 comment Print

If no incriminating material found during Income Tax search in respect of an issue, no addition for such issue can be made Sections 153A/153C

Disallowance without any cogent reasoning or working not sustainable

August 14, 2022 471 Views 0 comment Print

Addition by AO without providing any cogent reasoning or working, based on which such disallowances were made are not sustainable.

TDS on interest paid to China Development Bank- HC dismisses Stay Application

August 14, 2022 885 Views 0 comment Print

Disputed demand has arisen for failure of Tata Teleservices to deduct tax at source on interest payments made to China Development Bank

Setting aside an arbitral award due to insufficiency of evidence is untenable

August 13, 2022 2829 Views 0 comment Print

Held that insufficiency of evidence or material is not a ground for setting aside an arbitral award. Income tax return is material evidence to establish the claim.

DSIR statutorily bound to issue Form 3CL within 120 days: HC

August 13, 2022 6561 Views 0 comment Print

SRF Ltd Vs Union of India (Delhi High Court) Section 35(2AB) of the Act provides for weighted deduction of one and one half times (150%) of the expenditure incurred by a company on scientific research on in-house R&D facilities approved by the prescribed authority i.e. DSIR. In support of his submission, he relies upon Rule […]

Tax credit cannot be denied for deposit under wrong head

August 13, 2022 1200 Views 0 comment Print

There is no dispute that petitioners deposited taxes, however, the mistake which petitioners have committed is that they deposited tax under minor head ‘200’ instead of ‘400’.

Dispute of ESOP is referable to arbitration

August 9, 2022 2805 Views 0 comment Print

Held that dispute in respect of ESOP which forms part of the Employment Agreement, would be referable to arbitration as provided in Clause 21 of ESOP.

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