Follow Us:

Delhi High Court

Compensation for loss of income-generating asset is not revenue in nature

December 31, 2015 1471 Views 0 comment Print

CIT Vs. Sharda Sinha (Delhi High Court) The Court concurs with the conclusion of the CIT (A) that the sum paid to the Assessee was to compensate for the abrupt loss of source of income and that the termination of contract had fatally injured the appellant’s only source of income for the last 20 years.

Reassessment for taxing Royalty at higher rate due to change in opinion not valid

December 31, 2015 628 Views 0 comment Print

The assessment under Section 143(3) was originally done on 19.12.2008. The notice under Section 148, which is impugned herein, has been issued beyond the period of four years from the end of the relevant assessment year.

Section 14A disallowance only for Expenses not directly relatable to exempt or taxable Income

December 29, 2015 2698 Views 0 comment Print

. CIT Vs. Bharti Overseas Pvt. Ltd. (Delhi High Court) As far as Rule 8D (2) (i) is concerned, the AO has necessarily to record that he is not satisfied with the correctness of the claim of the expenditure made by the Assessee in relation to the income which does not form part of the total income.

Foreign exchange gain/loss arising out of revenue transactions is required to be considered as an item of operating revenue/cost

December 27, 2015 9117 Views 0 comment Print

In the case of Ameriprise India Pvt. Ltd. Vs. ACIT Delhi Bench of ITAT held that the AO was not justified in considering forex loss as non-operating cost as against the assessee’s claim of operating cost. ITAT further held that the amount of foreign exchange gain/loss arising out of revenue transactions is required to be considered as an item of operating revenue/cost

Where assessment order was based on inadequate or improper enquiry, CIT can invoke jurisdiction u/s 263

December 25, 2015 1487 Views 0 comment Print

In the case of PVS Multiplex (India) Ltd. Vs. CIT Delhi Bench of ITAT held that CIT can pass order u/s 263 where he can hold that AO did not made adequate inquiry. ITAT observed that there is difference between lack of enquiry and Inadequate Inquiry.

It is not the ‘profit from export’ but ‘profit of business’ which is to be considered in formula u/s 10B(4)

December 23, 2015 851 Views 0 comment Print

In Riviera Home Furnishing vs. Addl. CIT, Hon’ble Delhi High Court while dealing with the interpretation of Section 10B(4) held that the manner of determining such eligible profits has been statutorily defined in sub-section (4) of section 10B of the Act.

Women can be Karta of HUF: Delhi High Court

December 22, 2015 11965 Views 0 comment Print

In a judgment that is expected to have far reaching ramifications, the Delhi High Court has ruled that a female member of a Hindu Undivided Family can also be the ‘karta’. Falling prey to the patriarchal system, this role of leadership has been traditionally inherited by men of the household.

Reopening u/s 147 based on mere office note of predecessor AO not permissible

December 22, 2015 3565 Views 0 comment Print

This was a case where the original assessment was completed under Section 143 (3). In other words there was a complete scrutiny of the accounts and all the affidavits of the donors furnished by the Assessee pursuant to the questionnaires issued to him by the AO. In the absence of any adverse

Presumption of existence of an international transaction not allowed in transfer pricing provision

December 13, 2015 1916 Views 0 comment Print

Delhi High Court held In the case of Maruti Suzuki India Ltd. (MSIL) vs. CIT that the transfer pricing adjustment is not expected to be made by deducing from the difference between the ‘excessive’ advertisement

Provisions of interest on belated refund U/s. 27A of Customs Act also applies on belated refund of SAD

December 8, 2015 1290 Views 0 comment Print

Principal Commissioner of Custom Vs. Riso India (P.) Ltd. (Delhi High Court) Duty’ as defined in Section 2(15) of the Customs Act, is wide enough to cover all kinds of duty, including SAD. Hence, as per Section 3(8) of Customs Tariff Act

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031