Delhi High Court

Delhi HC Judgment on adjustment of Advance Tax under PMGK Scheme, 2016 and other issues

Virag Tiwari Vs. Principal Commissioner Of Income Tax-21 & Others (Delhi High Court)

Virag Tiwari Vs. Principal CIT & Others (Delhi High Court) In the present case we perceive that an equitable resolution is possible on interpretation of the provisions without undermining the object and purpose behind the Amendment Act. Thus while we have rejected the argument that advance tax of Rs. 85,50,000/- can treated as payment...

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Income from bare letting of tenement is taxable as Income from house property

CWT Vs Atma Ram Properties (P) Ltd. (Delhi High Court)

These are eleven appeals by the Commissioner of Wealth Tax (hereafter ‘Revenue’) under section 27A of the Wealth Tax Act, 1957 (WTA), against the orders of the Income Tax Appellate Tribunal (ITAT) for assessment years (‘AYs’) 1984-85 to 1992-93 and assessment years 1997-98 to 1998-99....

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Delhi HC sets out Principles for launching prosecution U/s. 279 for late deposit of TDS

Indo Arya Central Transport Limited Vs. CIT (Delhi High Court)

Indo Arya Central Transport Limited Vs. CIT (Delhi High Court) M/s Indo Arya Central Transport Limited have filed the present writ petition praying for the following reliefs:- “(a) Issue a writ of certiorari setting aside/quashing the impugned order dated 14.03.2017 passed by the Respondent No. 1; (b) Restrain the Respondent No. 1 a...

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S. 148 Notice issued in the name of Company due to clerical mistake which already gets converted into LLP is valid

Skylight Hospitality LLP Vs ACIT (Delhi High Court)

Sky Light Hospitality LLP, a limited liability partnership, who had on 13.05.2016 taken over and acquired rights and liabilities of M/s Sky Light Hospitality Private Limited upon conversion under the Limited Liability Partnership Act, 2008, has filed the present writ petition impugning notice dated 30.03.2017 for the assessment year 2010-...

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Penalty leviable if Assessee not Discloses source of Income despite voluntary disclosure

Principal Commissioner Of Income Tax Vs. Smt. Ritu Singal (Delhi High Court)

Principal CIT Vs. Smt. Ritu Singal (Delhi High Court) In construing Section 271AAA one must not lose sight of its essential purpose which resulted in its enactment. There is a penalty at the rate of 10% of the undisclosed amount declared, if the conditions in Section 271AAA (2) are not met with. This is quite […]...

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CESTAT should not exercise its discretionary power in whimsical and arbitrary manner

Vaish Brother Through Partner Vs Commissioner of Customs (Delhi High Court)

Whether the Customs, Excise and Service Tax Appellate Tribunal (Tribunal) was right in exercising discretion and in refusing to admit the appeal preferred by the appellant in exercise of discretion vested under proviso (iii) to sub­section (1) of Section 129A of Customs Act, 1952 (Act, for short)?...

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Money Recovery suit cannot be dismissed merely for violation of sections 269SS & 269T

Shri Shyam Sunder Vs. Sohan Singh @ Shoban Singh (Delhi High Court)

Shri Shyam Sunder Vs. Sohan Singh @ Shoban Singh (Delhi High Court) The Trial court has held that in view of the provisions of the Income Tax Act, no loan above Rs. 20,000/- could have been given in cash, so the loan transaction is not liable to be recognized. In so far as this is […]...

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Re-Assessment notice after 4 years without Approval of CIT or CCIT is Invalid: Delhi HC

Commissioner of Income Tax Vs Gee Kay Finance & Leasing Co. Ltd (Delhi High Court)

1. Whether ITAT was correct in law in holding that the notice issued by the Assessing Officer u/s 148 of the Act beyond the 04 years after the end of relevant assessment year was bad in law as the necessary approval of Chief Commissioner or Commissioner of Income Tax as per the provisions of Section 151 (1) of the Act had not been obtaine...

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Unutilized Credit of EC and SHE could not be cross-utilized against excise duty or service tax

Cellular Operators Association of India Vs Union of India (Delhi High Court)

While hearing the case between Cellular Operators Association of India vs Union of India, the Delhi High Court rejected the claim to allow credit of the unutilized education and higher education cess. ...

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Provisions of DTAA prevails over Section 206AA : Delhi High Court

Danisco India Private Limited Vs. Union Of India & Ors. (Delhi High Court)

The Delhi High Court, while hearing the writ petition of DANISCO India Private Limited, has read down the provisions of section 206AA of the Income Tax Act, 1961 which mandates deduction of tax at source (TDS) at twenty percent on payments to non-residents since the provision of DTAA would prevail over the said provision....

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