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Delhi High Court

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

December 22, 2015 3586 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 1952 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 1338 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

Proceedings u/s 153C not valid in absence of any relevant seized material

December 7, 2015 1040 Views 0 comment Print

Delhi High Court held In the case of CIT vs. M/s Refam Management Services (P) Ltd. that under Section 153C the assessment or reassessment of income of a person other than a searched person would proceed in accordance with the provisions of Section 153A.

Benefit of reduced penalty allowed if duty & interest paid within 30 days of communication of SCN/order – HC

December 5, 2015 7839 Views 0 comment Print

In the case of Principal Commissioner of Service Tax V/S Tops Security Ltd , it was held that an appellate authority cannot at the appellate stage give the option to an Assessee to pay the reduced penalty within a time that is beyond what is stipulated in the third proviso to Section 78 (1) of the Finance Act, 1994.

Expenses debited as cost of ESOP in profit and loss account allowable

December 3, 2015 3398 Views 0 comment Print

In case of CIT vs. Lemon Tree Hotels Ltd Following the Madras High Court in CIT-III Chennai v. PVP Ventures Ltd. (TC(A) No. 1023 of 2005) it was held by Delhi High Court that ESOP could be debited to the profit and loss account of the Assessee.

When revenue failed to show any legal infirmity in order of ITAT, no question of law arises in relation to Sec. 68

December 3, 2015 1012 Views 0 comment Print

CIT Vs. Five Vision Promotors Pvt. Ltd. (Delhi High Court)- AO made addition on account of share application money u/s 68 which was confirmed by the CIT. On appeal ITAT held that assessee has proved identity, genuineness & creditworthiness of the investors.

Delhi HC restrains casansaar.com from continuing with infringement of copyrights

November 30, 2015 3218 Views 0 comment Print

In the case of Taxmann Allied Services Pvt. Ltd. Vs. Casansaar Web Solutions Pvt. Ltd. Honble Delhi HC granted ad interim injunction and restrained the defendant from continuing with the infringement of the plaintiff’s copyright in its editorial comments/case head notes.

Reassessment proceeding based on ED information without correlating with returns filed is invalid

November 28, 2015 1642 Views 0 comment Print

CIT Vs. M/s. Indo Arab Air Services (Delhi High Court) Assessee had escaped assessment for the AY in question. While the AO has referred to the fact that the ED gave information regarding cash deposits being found in the books of the Assessee

HC confirms penalty on custom official for clearance of Consignment without proper Verification

November 15, 2015 1621 Views 0 comment Print

Delhi High Court held In the case of S.N. Ojha vs. Commissioner of Customs that apart from the statement recorded, there is sufficient corroboration by the fact that as many as 100 consignments were allowed to be cleared without proper verification.

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