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Delhi High Court

Revenue Must have Tangible Material to initiate income escaping Assessment

November 3, 2015 3387 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 826 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 3833 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

Clubbing of holding of different persons or Directors not permitted to determine substantial interest settlement application u/s 245C

November 1, 2015 1435 Views 0 comment Print

Delhi High Court held In the case of Rockland Hotels Ltd. vs. IT Settlement Commission that as per clauses (a)(v) and (a)(vi) of section 245C , only if a director of the petitioner companies has a substantial interest in the specified person (company), then, the petitioner companies

Surplus shown in books of accounts in normal course cannot be treated as undisclosed income: HC

November 1, 2015 852 Views 0 comment Print

Delhi High Court held In the case of DIT (Exemption) vs. All India Personality Enhancement & Cultural Centre for Scholars Society that he expression ‘undisclosed income’ would connote assets or income, which the Assessee believes to be taxable

Principles & Procedures of Assessment u/s 153C

November 1, 2015 11970 Views 0 comment Print

a person other than the person referred to in section 153A, then, the books of account or documents or assets, seized or requisitioned shall be handed over to the Assessing Officer having jurisdiction over such other person ] and that Assessing Officer shall proceed against

Finding of photocopies with searched person does not mean they belong to person holding originals

November 1, 2015 2224 Views 0 comment Print

Pepsico India Holdings Private Ltd vs. ACIT (Delhi High Court)-Possession of documents and possession of photocopies of documents are two separate things. While the Jai puria Group may be the owner of the photocopies of the documents it is quite possible that the originals may be owned by some other person.

Reopening of assessment not permissible where charges on Assessee are not specific: HC

October 31, 2015 1741 Views 0 comment Print

Delhi High Court held In the case of Oracle Systems Corporation vs. ADIT that it is clear that when a regular assessment is completed in terms of Section 143(3), a presumption can be raised that such an order has been passed upon a proper application of mind.

Gift from abroad cannot be taxed on mere suspicion: HC

October 31, 2015 1835 Views 0 comment Print

In our opinion, the Tribunal had, on merits, come to the conclusion that the gifts were genuine. This is a pure question of fact. The Tribunal has examined the evidence which was available on the record and has arrived at the aforesaid finding.

Reopening to rectify Mistake committed during Original Assessment not permissible

October 31, 2015 1333 Views 0 comment Print

Jindal Photo Films Ltd. vs. DCIT (Delhi High Court) 1998 234 ITR 170- Following the settled trend of judicial opinion and the law laid down by their Lordships of the Supreme Court time and again, different High Courts of the country have taken the view that if an expenditure

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