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Delhi High Court

Interest on late payment from customers against supply of goods is eligible for deduction u/s 80-IA

March 14, 2010 10536 Views 1 comment Print

Gujarat High Court, when interest is paid on delayed payment, it can be treated as higher sale price which is converse situation to offering of cash discount because the transaction remains the same and there is no distinction $s to the source. Looking from’ this angle, the interest becomes part of the hire sale price and is clearly derived from the sales made and is not divorced therefrom

Re-Assessment can not be initiated just because AO feels he failed to verify things properly during regular Assessment

March 14, 2010 541 Views 0 comment Print

We feel that the Writ Petition’, have to succeed because the contentions as raised on behalf of the counsel for the petitioner are well founded. The only reason which has been given seeking re-opening of the assessment for the years 1997-98 and 1998-99 is that suppression of sales have taken place on account of the fact that when average price of the closing st

Deduction under section 80-I allowable without setting off loss of other units: Delhi High Court

February 26, 2010 702 Views 0 comment Print

The assessee had two units, namely, a steering unit and an axle unit, both of which were eligible u/s 80-I. While one unit was making profits, the other was incurring losses. The AO and CIT (A) took the view that deduction u/s 80-I on the profits of one unit could be allowed only after setting off the losses of the other unit.

Even employees’ contribution to PF paid before due date of filing ROI is allowable u/s 43B

February 6, 2010 1291 Views 0 comment Print

S. 2 (24) (x) provides that amounts received by an assessee from employees towards PF contributions etc shall be “income”. S. 36 (1) (va) provides that if such sums are contributed to the employees account in the relevant fund on or before the due date specified in the PF etc legislation, the assessee shall be entitled to a deduction

In absence of stay from SC, department can’t collect service tax on renting of immovable properties by resorting to other means

February 6, 2010 391 Views 0 comment Print

In absence of Supreme Court’s order staying operations of High Court’s judgment relating to levy of service on renting of immovable property, Revenue Department could not instruct its officers to pursue the matter with tax payers calling upon them to pay service tax on same or to resort to other means under the law to protect the Revenue.

Dispute Resolution Panel to pass speaking order after considering objections and evidences furnished by the taxpayer

January 28, 2010 742 Views 0 comment Print

Delhi High Court in the case of Messe Dusseldorf India Pvt. Ltd. (Taxpayer) [2010-TIOL- 74-HC-DEL-IT] dismissing a writ petition, held that in cases where a taxpayer has not been provided an opportunity of being heard by the Transfer Pricing Officer, the taxpayer is entitled to raise all objections and furnish necessary evidence to the Dispute Resolution Panel (DRP)

Deductibility of premium on forward contracts in the year of entering into such contracts

January 21, 2010 5600 Views 0 comment Print

The Delhi High Court (HC) [2010-TIOL­42-HC-DEL-IT] in the case of CIT v. Industrial Finance Corporation of India (Taxpayer) which held that the difference between forward rate and exchange rate prevailing on the date of entering into forward contracts is fully allowable as deduction even if the

Payment made for composite arrangement under franchises agreement not liable for TDS

January 21, 2010 10731 Views 0 comment Print

Delhi High Court (HC) in the case of CIT v NIIT Ltd. (Taxpayer) [2009-TIOL-533-HC-DEL-IT], on the issue of whether the amount paid by the Taxpayer to the franchisees, pursuant to a franchises agreement (Agreement), can be considered in the nature of rent, for the purpose of tax deduction at source (TDS) under the Indian Tax Law (ITL).

Admissibility of deduction from book profit of reduction in revaluation reserve under MAT provisions

December 30, 2009 1011 Views 0 comment Print

This ruling provides guidance that withdrawal from a revaluation reserve is permitted to be reduced from the book profit, computed under the MAT provisions, only in a case where the book profit was increased by the amount of revaluation reserve in the year of creation.

A shareholder has no "say" in management of a company unless and until he becomes part of management

December 29, 2009 868 Views 0 comment Print

Brief facts relevant for the purpose of deciding this issue are that the defendant no.1 company was a tenant in property no. 3 Amrita Shergill Marg, New Delhi. This property was leased by defendant no.5 M/s H.G.Gupta & Sons (HUF) to defendant No. 1 Company for residence of its officers. The company by a resolution in the meeting of Board of Directors held on 27.2.1974 allotted this property to late Lala Hansraj Gupta in his capacity as CEO/Chairman of the company. Late Lala Hansraj Gupta was father of plaintiff no. 2 and defendants no. 2-4 and grandfather of plaintiff no. 1.

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