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Delhi High Court

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 1890 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 2712 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 3723 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 […]

Notice U/s. 148 invalid if AO not issued notice U/s. 143(2)

February 21, 2018 8940 Views 0 comment Print

Pr. CIT Vs. Paramount Biotech Industries Ltd. (Delhi High Court) The proposal to reopen an assessment under section 147 of the Act is to be based on reasons to be recorded by the assessing officer. Such reasons have to be communicated to the assessee. However, merely because the assessee participates in the proceedings pursuant to […]

HC finds no merit in Challenge to Reassessment Notice issued to Robert Vadra’s Firm

February 20, 2018 2154 Views 0 comment Print

Delhi High Court has refuses to set aside re-assessment notice U/s. 147/148 issued by Income Tax Department to the partnership firm Sky Light Hospitality, in which Robert Vadra is a partner, in connection with the DLF- Sky Light Hospitality land deal.

Delhi HC upholds Constitutional Validity of 2nd proviso to Section 5(1) of PMLA

February 16, 2018 3924 Views 0 comment Print

The Delhi High Court has upheld the constitutional validity of the second proviso to Section 5 (1) of the Prevention of Money-laundering Act, 2002 (PMLA).

Unutilized Credit of EC and SHE could not be cross-utilized against excise duty or service tax

February 15, 2018 2490 Views 0 comment Print

While hearing the case between Cellular Operators Association of India vs Union of India, the Delhi High Court rejected the claim to allow credit of the unutilized education and higher education cess.

Carry forward of KKC, EC etc. into GST: Implications of recent Delhi High court decision

February 15, 2018 20109 Views 2 comments Print

Education Cess was being levied on Central Excise and Service Tax from 10.09.2014. Education Cess paid on the purchase was available as a credit against payment of education cess on payment on the output removal.

Delhi HC dismisses petition against CA Final Result Controversy

February 13, 2018 42162 Views 2 comments Print

A perusal of the Regulation 39(2) in itself shows that the council has been granted a discretion to revise the marks obtained by the candidates in any particular paper/papers or aggregate, as may be considered necessary for maintaining the standards of passed percentage

Compounding Fee not become illegal or arbitrary just because it exceeds principal and interest amount

February 6, 2018 8961 Views 0 comment Print

While upholding the compounding guidelines issued by the Central Board of Direct Taxes (CBDT), a division bench of the Delhi High Court held that the amount of compounding fee can be more than the principal amount if there is willful default in the payment of tax on the part of the assessee.

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