Delhi High Court

Early hearing cannot be allowed until there are strong compelling and justifiable reasons

Dr. Prannoy Roy Vs DCIT ( Delhi High Court)

It is one of the most time-honoured and cardinal rule of administration of justice that a party (adversary) should be heard by any Court or Tribunal in the manner he has approached the Court/Tribunal and that he should never be preferred or selected over other litigants/adversaries from the long pending queue unless and until, we repeat,...

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Addition cannot be made by applying prudent man’s behaviour test

jaya Aggarwal Vs Income Tax Office (Delhi High Court)

One should not consider and reject an explanation as concocted and contrived by applying prudent man's behaviour test. Principle of preponderance of probability as a test is to be applied and is sufficient to discharge onus. ...

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Reassessment Notice U/s. 148 issued for mere non submission of Computation of income with form 56F is invalid

HCL Technologies Ltd.Vs Dy. CIT (Delhi High Court)

The AO’s reason for re-opening is that along with the certificate in Form 56F, which was the certificate of the CA, the working sheet of deduction was not enclosed. That was not a requirement of law. What Form 56F has to be accompanied with is specified under the Income Tax Rules itself. The mere fact that the working sheet may not have...

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Expense on Software cannot be capitalised mere because depreciation rate is spelt out in Schedule to Income-tax Act

Oriental Bank of Commerce Vs Additional Commissioner of Income Tax (Delhi High Court)

The mere circumstance that the depreciation rate is spelt out in the Schedule to the Income-tax Act in our opinion is not conclusive as to the nature of the expenditure and whether it resulted an enduring advantage to a particular assesseeIt is nobody’s case that assessee is dealing with computer softwares or is in the business of any r...

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Interest on NPA of NBFC cannot be taxed for mere crossholding of debtor

CIT Vs. Brahmaputra Capital & Financial Services Ltd (Delhi High Court)

CIT Vs. Brahmaputra Capital & Financial Services Ltd (Delhi High Court) The revenue argues that in respect of the three entities, the decision not to reflect revenue recognition, and treat the interest payable as NPA could not be allowed and the ITAT erred in holding that under RBI’s norms, the revenue recognition method adopted was...

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If AO was satisfied as to assessee’s computation of disallowance U/s. 14A, invocation of rule 8D could not be allowed

Samvardhana Motherson International Ltd. Vs Asstt CIT & Anr. (Delhi High Court)

Samvardhana Motherson International Ltd. Vs ACIT (Delhi High Court) The chronology of events leading up to the passing of the orders under section 143(3) of the Act, clearly shows that the assessing officer was ‘satisfied with the claim of the assessee’ while passing the original orders. Rule 8D is triggered only in a case where [&hel...

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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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