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Delhi High Court

Reopening of assessment beyond 4 years not permitted without finding assessee’s failure to produce material facts

November 11, 2015 3676 Views 0 comment Print

Delhi High Court held In the case of The Principal CIT vs. Samcor Glass Ltd. & M/s Samtel Color Ltd. that it is a settled position of law that reopening of assessment beyond 4 years is not sustainable unless there was a failure by the Assessee to disclose any material particulars

Addition u/s 69B merely on the basis of DVO report not sustainable

November 11, 2015 1958 Views 0 comment Print

Delhi High Court held In the case of R.S. Bedi vs. ACIT that no addition u/s 69B is maintainable on the sole basis of DVO report. In the given case, although AO found some document during the search, but the same was not the basis for addition as also noted by ITAT.

Proceedings u/s 158BD not tenable where satisfaction note is not on record

November 11, 2015 1812 Views 0 comment Print

Delhi High Court held In the case of Haryana Paneer Bhandar vs. CIT. that the Revenue has been unable to produce the satisfaction note of the AO of the searched person. Consequently, on this short ground of there being no satisfaction note, which is a mandatory requirement under Section 158BD.

Additions solely based on statement u/s 132(4) which was subsequently withdrawn is not maintainable

November 11, 2015 1987 Views 0 comment Print

Delhi High Court held In the case of The CIT vs. Sunil Aggarwal that the Assessee had an explanation for not retracting the statement earlier. He also furnished an explanation for the cash that found in the hands of his employee and this was verifiable from the books of accounts.

Donations received by a wholly religious trust cannot be taxed u/s 115BBC merely because trust also involved in charitable/Spiritual activity

November 8, 2015 7730 Views 0 comment Print

Delhi High Court held In the case of CIT (Exemption) vs. Bhagwan Shree Laxmi Nariandham Trust that anonymous donations received by a wholly religious trust are exempt u/s 115BBC. Mere the trust deed have clauses related to charitable activities along with organizing spiritual seminars

Import expenses on machinery which is vital to manufacturing is Capital Expenditure

November 7, 2015 2219 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Modi Rubber Ltd. that in present case, it is clear that the two Banbury mixers have been described by the Assessee itself as equipment used for mixing natural rubber, synthetic rubber, carbon black, chemicals and other raw materials

S. 194J Wheeling charges paid for electricity transportation not liable to TDS

November 7, 2015 2241 Views 0 comment Print

Delhi High Court held In the case of CIT vs. M/s Delhi Transco Ltd. that as per BPTA agreement between DTL and PGCIL there is transportation of the electricity from PGCIL to DTL, through the equipment

Revenue Must have Tangible Material to initiate income escaping Assessment

November 3, 2015 3360 Views 0 comment Print

In the case of Coperion Ideal Private Limited v. CIT, Delhi High Court while giving the decision in the favour of the assessee, held that there should be some tangible material available with the Revenue, whenever they want to conclude that Assessee have escaped Assessment.

Revised computation sufficient for mistake in currency conversion for computation of exemption U/s. 10A: HC

November 3, 2015 802 Views 0 comment Print

The Delhi High Court held in the case of E-Funds International India Private Limited v. PR. CIT, while dismissing the appeals of the Revenue that revised computation was sufficient in the place of furnishing revised returns as there was only a minor technical fault as the figure of USDs was not changed into Rupees while computing the deduction under section 10A.

No intervention of HC if CA Firm Demerger is as per ICAI Rules: HC

November 1, 2015 3788 Views 0 comment Print

Delhi High Court held In the case of Arun Khanna vs. The ICAI & ANR that the notice issued to the ICAI for demerger of the firms was as per the notified rules in this regard. As per these rules it is clear that no concurrence / acceptance from all partners is required and can be effected

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