Follow Us:

Delhi High Court

Practice of taking undated cheques by excise department is illegal: HC

May 15, 2017 2385 Views 0 comment Print

Court has been shown the five undated cheques for sum of Rs.1.25 crores which were collected from the Petitioner during the visit to the premises of the Petitioner on 10th March, 2017. The Court specifically asked Mr. Harpreet Singh, learned counsel appearing for the Respondents, to show any provision in Central Excise Act 1944 (CE […]

AO cannot Extend Time Limit to Special Audit Report submission beyond 180 Days

May 15, 2017 3018 Views 0 comment Print

Section 142 (2A) of the Act anticipates timely submission of the report of the Special Auditor. The Auditor who is to conduct special audit in terms of Section 142 (2) of the Act is not an auditor of the choice of the Assessee. The auditor is nominated by the Revenue and his work is not […]

Delhi HC condemns VAT dept for deliberate delay in issue of VAT refund

May 14, 2017 1470 Views 2 comments Print

Recently, in Asian Polymers Vs. Commissioner Of Trade & Taxes & Anr, the Delhi High Court reiterated that re-assessment cannot be used as a tool for causing delay in processing the refund applications. While scrapping the assessment orders passed by the DVAT Department, the division bench criticised the Officials in harsh words.

Exemption cannot be denied to a Trust merely for Profits from Publishing / Selling of School Books

May 14, 2017 4416 Views 0 comment Print

The textbooks are provided by the Assessee to the students at subsidised rates. Even the textbooks books, reading materials and school bags are being distributed free to deserving students. The essential activity of the Assessee is connected with ‘education’ and nothing else.

Delhi HC allows IT exemption to VHP for ban period post Babri Masjid Demolition

May 13, 2017 1170 Views 0 comment Print

The division bench of the Delhi High Court confirmed the Income Tax exemption granted to the Viswa Hindu Parishad (VHP) for the period in which they were banned by the government under UAP Act.

No TDS to be deducted on Export Commission by Hero Motors to HMCL

May 13, 2017 2115 Views 0 comment Print

In CIT Vs. Hero Motor corp Ltd, the Delhi High Court held that the payment of export commission made by the Hero Motors to Honda Motor Co. Ltd (HMCL) was not in the nature of payment of royalty or fee for technical services attracting dis allowance under Section 40 (a) (i) of the Income Tax Act.

Interest on Refund of Interest waived by Income Tax is not Interest on Interest

May 10, 2017 2286 Views 0 comment Print

In a recent ruling, the Delhi High Court held that interest can be allowed on Refund of interest Waived by the Department under section 220(2A) of the Income Tax Act. The bench was hearing a bunch of writ petitions wherein the petitioners raised a question that whether the expression ‘in any other case’ occurring in Section 244A (1) (b) of the Income Tax Act would include the amount of refund which constitutes the interest that has been waived by the Income Tax Department under Section 220 (2A) of the Act?

Time limit for issue of penalty proceeding on issues unrelated to income assessment

May 10, 2017 6075 Views 0 comment Print

Penalty proceedings initiated U/s 275 on issues unrelated to assessment of income (such as for s. 269SS/ 269T & TDS defaults), time limit runs from date on which the AO wrote a letter to the ACIT recommending the issuance of the SCN.

HC allows Refund of Service Tax paid on Clearing & Forwarding Services for the period 16.10.1998 to 01.09.1999

May 8, 2017 1311 Views 0 comment Print

Appellant/Assessee is inter alia engaged in the manufacture of clinker and cement falling under Chapter heading 25 of the CE Tariff Act, 1985. Between 16th July, 1997 and 30th September, 1999, the Appellant received ‘Clearing and Forwarding Agent Service’ from various services providers.

Tax Credit available on Dividend received from Company based in Oman

May 6, 2017 1647 Views 0 comment Print

Up to the tax year 2011 dividend has been first included in the total income and thereafter deduction has been granted. The facts mentioned above clearly establish that the Assessee Society is entitled to getting credit for the deemed dividend tax by virtue of the provisions of DTAA read with Section 90 of the Income Tax Act, 1961

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031