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Delhi High Court

HC allowed deduction U/s. 10AA as new unit was not formed by transferring any machinery or plant previously used

March 27, 2019 3909 Views 0 comment Print

Pr. CIT Vs. Macquarie Global Services Pvt. Ltd.  (Delhi High Court) The respondent-assessee had set up a new unit in Special Economic Zone (SEZ) income from which was claimed as exempt under Section 10AA of the Act for a period of ten years commencing from the Assessment Year 2010-11. Exemption was allowed in the Assessment […]

Interest paid to earn Interest is deductible under section 57

March 27, 2019 3429 Views 0 comment Print

Pr. CIT Vs Jubilant Energy Nelp-V- Pvt. Ltd. (Delhi High Court) Money received by the respondent-assessee under the ICDs of Rs. 55.30 Crores was in the preceding year. Rs. 50 Crores was thereafter transferred and given as ICDs to M/s Jubilant Enpro Private Limited also in the preceding year. There was a nexus between the […]

HC quashes Notice for re-assessment based on change of opinion

March 27, 2019 3738 Views 0 comment Print

Bharti Infratel Limited Vs DCIT (Delhi High Court) Conclusion: Notice for re-assessment issued under Section 148 against assessee-company was quashed as assessee had made full and true disclosure of material facts; nothing was concealed, withheld and left to be factually discovered in the form of ‘material’ mentioned in detail in accounts and other evidence and […]

Forfeiture of deposit on surrender of industrial plot was a capital loss not a revenue loss

March 26, 2019 2232 Views 0 comment Print

Forfeiture of advance/deposit suffered by the assessee-company towards proposed purchase of plot, unilaterally deducted by HSIDC was a capital loss not a revenue loss as loss incurred was in the transaction relating to and for acquisition of a land/plot which was a capital asset.

Locker search warrant and proceedings u/s 153A can be quashed if authority failes to prove that such locker contains undisclosed income

March 25, 2019 6999 Views 0 comment Print

Shah-E-Naaz Judge Vs. Addl. DIT (Inv) (Delhi High Court) Authority and power to conduct search and seizure operations is strident and caustic power authorized by law to be taken recourse to when the conditions mentioned under different clauses of Section 132 (1) of the Act are satisfied. Constitutional validity of the said provision has been […]

Incidence of CST or sale of goods, occurs where goods are appropriated to contract

March 22, 2019 2946 Views 0 comment Print

Commissioner of Value Added Tax Vs Otis Elevator Company (India) Ltd. (Delhi High Court) The placement of an order by the agent for procurement of the lifts, in this case, was merely an offer. It is only upon its acceptance and further steps taken by the supplier that an offer crystallizes into a binding promise […]

Penalty U/s. 271B justified for submitting Bogus audit report to get bank loan

March 20, 2019 1995 Views 0 comment Print

 Where assessee, in order to get a bank loan, submitted a bogus audit report from CA and showed fake turnover in his return of income, imposition of penalty under section 271B for non-compliance of section 44AB was justified.

Validity of addition for share application money merely based on surmises not valid

March 20, 2019 912 Views 0 comment Print

Pr. CIT Vs Narang Construction & Finance (P) Ltd. (Delhi High Court)  The materials on record showed not mere superficial details like PAN, ROC, etc., but further facts relating to the bank accounts of the share applicants were also there. The share applicants were entering into proper commercial transactions and were not per se forged, bogus or […]

In absence of Reasons for invoking rule 8D Disallowance U/s. 14A not valid

March 20, 2019 1419 Views 0 comment Print

Pr. CIT Vs Moonstar Securities Trading & Finance Co. (P) Ltd. (Delhi High Court) In this case for both years, the assessee had offered amounts as disallowance claiming them to be expenditure for tax exempt income. The assessing officer merely proceeded to reject such amount as expenditure and straightaway applied rule 8D without adducing any […]

NCLT Has Jurisdiction Over Issues Related to Insolvency – Delhi HC

March 16, 2019 4146 Views 0 comment Print

National Company Law Tribunal shall have jurisdiction to entertain or dispose of any question of law or facts, arising out of or in relation to the insolvency resolution or liquidation proceedings of the corporate debtor or corporate person under the Code

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