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Delhi High Court

Wrongly disclosed income does not mean undisclosed income, penalty u/s 271(1)(c) cannot be levied.

September 20, 2015 1724 Views 0 comment Print

New Delhi court held in PR. CIT Vs Control and Switch gear Contractors Ltd that if the assessee had disclosed the income in its return of income though wrongly disclosed it did not mean that the assessee had tried to hide its income so that wrongly disclosed income could not be considered as an undisclosed income and penalty u/s 271(1)( C) could not be levied.

2nd proviso to sec 40(a)(ia) inserted in FA ,2012 have retrospective effect from 01-04-2005

September 20, 2015 2397 Views 0 comment Print

The High Court of New Delhi has held in case of CIT-1 Vs Ansal Landmark Township P Ltd that second proviso to sec 40(a)(ia) will have retrospective effect from 01-04-2005 which means that if the assessee had forgot to deduct the TDS on payment

Failure of A.O. to dispose objections raised render re-assessment invalid

September 19, 2015 1366 Views 0 comment Print

The assessee filed its return of income on 02.12.2013, which was processed u/s 143(1) at the returned income and accordingly refund order of Rs.20,16,957/- was issued. Subsequently A.O. based on reporting made by statutory auditor in the audit report in the form of 3CD u/s 44AB

Any tax/duty paid in later year can be capitalized in the year in which obligation to pay arose

September 19, 2015 6361 Views 0 comment Print

CIT vs Noida Medicare Centre Ltd (Delhi High Court) Even though the sales tax was paid in a subsequent year, the liability to pay sales tax arose in the accounting period relevant to the assessment year in which the machinery was purchased.

Sec. 40(b)(v)- ‘Allocable profit’ means book profit before partner’s remuneration: HC

September 19, 2015 4435 Views 1 comment Print

CIT vs. Vaish Associates (Delhi High Court) A plain reading of Clause 6(a) leads to a conclusion that the term’ allocable profits’ was used to mean ‘book profits’ as used in Section 40(b)(v)of the Act or otherwise the reference to the section in the Clause has no meaning.

Delhi HC dismisses ITR/TAR Due Date Extension Appeal

September 17, 2015 5215 Views 0 comment Print

In the case of Avinash Gupta and Ors V/s Union of India and Ors It was held by Delhi High Court that in this case it is pleaded that the petition is in the nature of public interest. However, the petition is not drafted as a Public Interest Litigation (PIL)

Whether Section 153C enables AO to issue notice to third parties on the basis of entries in some documents

September 15, 2015 1442 Views 0 comment Print

A search took place on 14.02.2006 in the premises of M/s Radico Khaitan.In the course of these search proceedings, various documents including reports narrating amounts alleged to have been received or receivable from various members of the UPDA and the basis thereof were recovered.

Depreciation on enhanced cost of asset is allowed from the date when the obligation to pay customs duty arose

September 14, 2015 3803 Views 0 comment Print

In the of CIT Vs. Noida Medicare Centre Ltd, Delhi High Court held that the AO erred in disallowing the capitalization of the additional customs duty in the manner claimed by the Assessee and adding the entire customs duty paid in the relevant AY to the income of the Assessee.

Comparable transactions/entity must be selected based on similarity with controlled transaction/entity

September 14, 2015 1834 Views 0 comment Print

In the case of Rampgreen Solutions Pvt Ltd vs CIT, Delhi High Court inter-alia held that the expression ‘BPO’ and ‘KPO’ are, plainly, understood in the sense that whereas, BPO does not necessarily involve advanced skills

No disallowance u/s 14A if no exempt income earned or received

September 12, 2015 8347 Views 0 comment Print

Delhi High Court held in the case of Cheminvest Ltd. v. CIT that No disallowance u/s 14A can be made in a year in which no exempt income has been earned or received by the assessee. Section 14A of Income Tax Act, 1961 does not apply to shares bought for strategic purposes.

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