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Delhi High Court

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

May 13, 2018 2040 Views 0 comment Print

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 obtained by the Assessing Officer

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

May 13, 2018 5550 Views 1 comment Print

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.

Mere Voluntary Surrender of Income not absolves assesse from Penalty: Delhi HC

May 13, 2018 1548 Views 0 comment Print

A division bench of the Delhi High Court, last day held that mere voluntary surrender of income without disclosing its source cannot rescue assessee from facing penal consequences under the Income Tax Act.

Expenses / Discount on ESOP exercised by the employees are allowable

May 6, 2018 5790 Views 0 comment Print

Pr. CIT Vs New Delhi Television Ltd. (Delhi High Court) Legislature itself contemplates the discount on premium under ESOP as a benefit provided by the employer to its employees during the course of sendee. If the Legis­lature considers such discounted premium to the employees as a fringe benefit or ‘any consideration for employment’, it is […]

Delhi HC order on Filing of Returns by disqualified Directors under COD Scheme

May 3, 2018 2940 Views 0 comment Print

1. This bunch of writ petitions have been filed by persons who were directors in companies incorporated under the provisions of the Indian Companies Act, 1956. Apart from these companies, these petitioners have stated in the writ petitions that they were directors of other companies as well. In several cases, we are informed that the companies in which they were directors are still active.

DGIT (Investigation) is exempt from Disclosure under RTI Act

April 30, 2018 5850 Views 0 comment Print

CBDT Vs. Satya Narain Shukla (Delhi High Court) A plain reading of Section 24(1) of the Right to Information Act, 2005 indicates that the provisions of the Act would not be applicable to Intelligence and Security Organizations as specified in the Second Schedule. Further, any information received from such organizations falls under the exclusionary clause […]

Late Deposit of TDS : HC cannot question and decide question of validity of Sanction Order on merits of reasonable cause etc.

April 29, 2018 3081 Views 0 comment Print

Indo Arya Central Transport Limited & Ors. Vs. CIT – TDS (Delhi High Court) HC held that At this stage, it will neither be fair nor proper for the writ court to question and decide the question of validity of Sanction Order on merits of reasonable cause etc. as it would amount to a pre […]

ICAI not bound to take disciplinary action against its member merely because of receipt of reminder from SFIO

April 22, 2018 4896 Views 0 comment Print

Petitioner is a Chartered Accountant against whom information within the meaning of Rule 7 of the Chartered Accountants (Procedure of Investigation of Professional and other Misconduct and Conduct of Cases) Rules, 2007 was provided by Serious Fraud Investigation Office

Statement U/s. 132(4) Whether binding upon assessee or not

April 22, 2018 4533 Views 0 comment Print

Principal CIT Vs Manoj Hora (Delhi High Court) The text of section 132(4), clarifies that the presumption arises in the case of the searched party. In case the statements by the party whose premises are searched, or to be attributed to a third party – as in the case of the assessee, there has to […]

Penalty proceedings initiated after 6 months from receipt of Adjudicatory Order is time barred

April 21, 2018 11781 Views 0 comment Print

Salora International Ltd. Vs. CIT (Delhi High Court) A plain and textual reading of Section 275(1A) clarifies that the expiry of six months prescribed is to be reckoned from the date of completion of proceedings or from the end of the month in which the order of the CIT(A) or as the case may be […]

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