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Delhi High Court

Non-Adjustable Deposit for Acquisition of Membership paid to NSE is Capital Expenditure

March 9, 2018 1455 Views 0 comment Print

In the case of M/s Abhipra Capital Limited vs Deputy Commissioner of Income Tax (Investigation), the Delhi High Court held that amount paid to National Stock Exchange (NSE) as non-adjustable deposit for acquisition of membership cannot be treated as revenue expenditure and the same would be termed as capital expenditure.

Dissemination of yoga or vedic philosophy is medical relief’ U/s. 2(15)

March 8, 2018 1317 Views 0 comment Print

Dissemination of Yoga or vedic philosophy or the practice of yoga or education with respect to yoga was well within the larger term ‘medical relief’ as covered within section 2(15).

CESTAT should not exercise its discretionary power in whimsical and arbitrary manner

March 8, 2018 1125 Views 0 comment Print

Whether the Customs, Excise and Service Tax Appellate Tribunal (Tribunal) was right in exercising discretion and in refusing to admit the appeal preferred by the appellant in exercise of discretion vested under proviso (iii) to sub­section (1) of Section 129A of Customs Act, 1952 (Act, for short)?

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

March 7, 2018 1884 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 2214 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 16770 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 3867 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 3426 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 2487 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 4659 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.

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