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Delhi High Court

Certificate U/s. 80G would not automatically lead to exemption from purview of Payment of Bonus Act, 1965

March 7, 2018 1842 Views 0 comment Print

Batra Hospital Employees Union Vs. Batra Hospital & Medical Research (Delhi High Court) It would be hazardous to presume that every organization, which is certified under Section 80-G of the Income Tax Act, would, of necessity, be entitled, ipso facto, to immunity from the applicability of the Payment of Bonus Act. There is substance, in […]

Gift tax not applicable on share transfers or transfer of property to effectuate a settlement

March 7, 2018 2175 Views 0 comment Print

The difference between the market value of the shares and the value of the transfer was held to constitute deemed gift under Section 4 and that amount was brought to tax. The Gawahati High Court found that the transfer was pursuant to a family settlement and stated that the provisions of the Gift Tax Act would not be applicable.

HC held expense on Repair & Maintenance by Rambagh Palace Hotels as Revenue in Nature

March 7, 2018 16743 Views 0 comment Print

The Delhi High Court recently ruled that the repair and maintenance expenditure incurred by a Hotel is revenue expenditure under the Income Tax Act.

Provision made by Bank for Interest on Overdue Deposits is allowable expense

March 5, 2018 3837 Views 0 comment Print

In the case of Oriental Bank of Commerce VS Additional Commissioner of Income Tax, Delhi High Court has held that provision made by bank for interest on overdue deposits can’t be disallowed.

Delay in service of notice U/s. 143(2) invalidates Scrutiny assessment

March 4, 2018 3393 Views 0 comment Print

Pr. CIT Vs. National Informatics Center Services Inc. (Delhi High Court) Date of filing of the return of income is 25-09-2009. Therefore, the notice served on the taxpayer u/s 143(2) on 26-08-2011 is beyond the period of six months from the end of the financial year in which the return was furnished. Therefore, the notice […]

HC clarifies on Carry forward of unabsrobed depreciation on 1st day of April, 2002

February 27, 2018 2469 Views 0 comment Print

For the reasons mentioned in the application, the delay in re-filing the present appeal is hereby condoned.

Lease equalization charges not to be added back in computing book profits U/s. 115JA

February 27, 2018 4629 Views 0 comment Print

The Delhi High Court in the case of Commissioner of Income Tax, Delhi versus M/S. MGF India Ltd wherein dismissed the revenues appeal and held that lease equalization charges can be deducted while computing book profit.

Invocation of Explanation 7 to Section 271(1)(c) in blanket manner is contrary to purpose for which it was engrafted in statute

February 27, 2018 1863 Views 0 comment Print

In the absence of any overt act, which disclosed conscious and material suppression, invocation of Explanation 7 to s. 271(1)(c) in a blanket manner could not only be injurious to the assessee but ultimately would be contrary to the purpose for which it was en grafted in the statute.

Royalty for use of Dabur brand by Overseas Subsidiary is an international transaction and TP Adjustment can be applied

February 25, 2018 2604 Views 0 comment Print

A two-Judge Bench of the Delhi High Court in Dabur India Ltd. vs. Pr. Commissioner of Income Tax held that Transfer Pricing adjustment is applicable to overseas subsidiary despite of receiving any royalty.

Share Application Money: Addition U/s. 68 not justified if AO not enquired on details submitted by Assessee

February 24, 2018 3702 Views 0 comment Print

CIT (Central) Vs. M/S Russian Technology Center (P) Ltd. (Delhi High Court) The preceding enumeration of the circumstances of the case show that the assessee had furnished all relevant data before the AO and the CIT(A), which, however, were not inquired into by the AO. Instead he obdurately adhered to his first impression and/or initial […]

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