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Delhi High Court

Delhi HC explains principles for initiation of Section 147 proceedings

March 26, 2021 2673 Views 0 comment Print

Synfonia Tradelinks Pvt Ltd Vs ITO (Delhi High Court) Delhi HC explains certain well-established principles enunciated by the courts over the years vis-à-vis initiation of proceedings under Section 147 of the Act. (i) The reasons which lead to the formation of opinion or belief that the assessee’s income chargeable to tax has escaped assessment should […]

GST: HC stays summon issued without application of mind

March 25, 2021 2535 Views 0 comment Print

Delhi HC stays proceedings in Ankit Bindal’s case, citing vague summons seeking self-incriminating material. Next hearing on 12/04/2021.

Second FIR against Officers for an offence or different offences committed in course of same transaction was quashed

March 25, 2021 3672 Views 0 comment Print

The Delhi High Court Ruled That The Second FIR In Respect Of An Offence Or Different Offences Committed In The Course Of The Same Transaction Is Not Only Impermissible But It Violates Article 21 Of The Constitution.

Advertising Expenses incurred wholly & exclusively for business allowable

March 25, 2021 5946 Views 0 comment Print

CIT Vs Miele India Pvt. Ltd. (Delhi High Court) Mr. Chandra, did draw our attention to the AO’s view qua the issue, which was, that the advertising expenditure had been incurred to build a brand, i.e., goodwill and therefore, should not be allowed as a deduction, it does not impress us. There is nothing on […]

Siphoning of Company Funds | Rockland Hospitals Case | HC refuses to Grant Bail

March 25, 2021 6477 Views 0 comment Print

Prabhat Kumar Srivastava Vs SFIO (Delhi High Court) FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. The applicant, vide the present application seeks the grant of regular bail in complaint No. 149/2020 pending before the learned Special Judge, Companies Act, Dwarka District Courts in the complaint titled as ‘Serious Fraud Investigation Officer (SFIO) […]

Writ filed against Not allowing erstwhile Allahabad bank auditors to continue

March 25, 2021 3297 Views 0 comment Print

Chartered Accountants Association filed writ against Indian Bank  for not allotting Statutory Audit for Financial Year 2020-21 to erstwhile Allahabad bank auditors. RBI is been made respondent to the writ.

HC explains principles for allowability of Foreign Currency Fluctuation loss

March 24, 2021 3546 Views 0 comment Print

(i) whether the system of accounting followed by the assessee is the mercantile system, which brings into debit the expenditure amount for which a legal liability has been incurred before it is actually disbursed and brings into credit what is due, immediately it becomes due and before it is actually received; (ii) whether the same system is followed by the assessee from the very beginning and if there was a change in the system, whether the change was bona fide;

Penalty cannot be imposed merely because assessee had made a new claim

March 24, 2021 1149 Views 0 comment Print

PCIT Vs Taneja Developers and Infrastructure Ltd. (Delhi High Court) Tribunal was required to consider, was: whether penalty could be imposed on the assessee only because it had made a new claim [in line with the change in its accounting policy] in its fresh return? Admittedly, [and there is no dispute about it] AS-7 permitted […]

Statutory authority should not exercises its powers without determining jurisdiction in the matter

March 19, 2021 1173 Views 0 comment Print

BT (India) Private Limited Vs ITO (Delhi High Court) Having heard the learned counsel for the parties, according to us, if the statutory authority exercises its powers without determining whether or not it has jurisdiction in the matter, that itself, may, in certain cases, call for interference. The record shows that the application of AAR […]

Refundable security deposit shown as a liability in books cannot be added to Income

March 18, 2021 5031 Views 0 comment Print

PCIT Vs Landbase India Ltd (Delhi High Court) Since the security deposit continues as a liability in the books of the assessee club, the assessing officer could not have added the same to the income of the assessee club. The tribunal has correctly, in our opinion, deleted the addition. FULL TEXT OF THE JUDGMENT/ORDER OF […]

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