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Delhi High Court

No addition for Gift from abroad if Donor gives statement before AO regarding his capacity despite non production of any document

October 31, 2015 1124 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Sudhir Budhraja that the findings of the Tribunal are based on sufficient material and cannot be stated to be perverse. On the other hand that the AO had no material

Re-opening of assessment not permissible on same set of materials considered in original assessment

October 31, 2015 946 Views 0 comment Print

Delhi High Court held In the case of Turner Broadcasting Systems Asia Pacific INC. vs. DDIT that the assessing officer has merely intended to revisit the concluded assessments and it is a clear case of change of opinion

Penalty u/s 271E not maintainable if notice is issued after the period specified in Section 275(1)(c)

October 30, 2015 1627 Views 0 comment Print

Delhi High Court held In the case of Principal CIT vs. JKD Capital & Finlease Ltd. that in terms of the provision u/s 275 (1) (c), there are two distinct periods of limitation for passing a penalty order, and one that expires later will apply.

Issue of notice u/s 143(2) before finalisation of reassessment order is mandatory

October 30, 2015 5968 Views 1 comment Print

Delhi High Court held In the case of Principal CIT vs. Shri Jai Shiv Shankar Traders Pvt. Ltd. that the failure by the AO to issue a notice to the Assessee under Section 143(2) subsequent to 16th December 2010

Ad-hoc provision for transit breakage is contingent liability & not required to be recognised as per AS- 29 of ICAI

October 30, 2015 2149 Views 0 comment Print

Delhi High Court held In the case of Seagram Distilleries Pvt. Ltd. vs. CIT that in the current case there is no reasonable scientific method adopted by the Assessee to estimate the transit breakages to justify such provision.

Sec. 10B Interest on FDRs on margin kept in bank for utilization of letter of credit limits is business Income

October 30, 2015 1079 Views 0 comment Print

Delhi High Court held In the case of Principal CIT vs. Universal Precision Screws that interest on fixed deposits has the requisite characteristic of business income and has a nexus to the business activities of the Assessee.

AO not empowered to initiate reassessment proceedings upon a mere change of opinion

October 30, 2015 5142 Views 0 comment Print

CIT vs Kelvinator of India Ltd. (Delhi High Court -Full Bench) [2002] 256 ITR 1/123- When a regular order of assessment is passed in terms of section 143 (3) of the Act, a presumption can be raised that such an order has been passed on application of mind.

Reopening for not considering a SC Judgment in original assessment not valid

October 30, 2015 1036 Views 0 comment Print

Delhi High Court held In the case of Coperion Ideal Pvt. Ltd. vs. CIT that the mere fact that there was a judgment of the Supreme Court of 1997 which was not noticed by the AO when he framed the original assessment cannot per se constitute the only material on the basis of which the assessment could have been reopened.

Hamdard eligible for exemption u/s 10(23C) (iv) for business held in trust, as dominant purpose of assessee is charitable

October 29, 2015 3285 Views 0 comment Print

Delhi High Court held In the case of Hamdard Laboratories India and Anr vs. ADIT (E) & DGIT (E) that Hamdard‟s objects are charitable in nature and its activities relating to manufacture and sale of unani medicines

Regrouping in audited financials is not permitted after signing of accounts: HC

October 29, 2015 9568 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Morgan Securities & Credits Pvt. Ltd. that any changes in the audited financials like for e.g., the ‘regrouping’ of shares in the present case, if at all permissible, has to be preceded by a legally acceptable procedure adopted by the Assessee

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