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Delhi High Court

Reassement based on point considered during original assessment not permissible

October 12, 2015 1267 Views 0 comment Print

High Court held In the case of M/s Swarovski India Pvt. Ltd. V. DCIT that in this case, queries and issues have been specifically raised and answered by the assessee in the original assessment proceedings. Thus, even though AO did not make any addition in the assessment order

AO has to record his satisfaction before proceeding to make addition u/s 14A

October 10, 2015 1551 Views 0 comment Print

Delhi High Court Held In the case of I.P. Support Services India (P) Ltd vs CIT that AO cannot invoke Section 14A read with Rule 8D (2) without recording his satisfaction and noted that the recording of satisfaction as to why the voluntary disallowance made by the assessee was unreasonable

Search & seizure Proceeding against a Person without issue of Search Warrant is Bad in Law

October 8, 2015 1904 Views 0 comment Print

Delhi High Court held in the case of CIT v Smt. Priyanka Singhania that if the search warrant was issued in the name of the father of Assessee, then the proceedings of the search and seizure against the assessee was totally void and bad in Law.

Liability u/s 132(5) can be determined only if proper Assessments is made

October 8, 2015 1563 Views 0 comment Print

In the case of CIT v Sri Chand Gupta, Delhi High Court held that during search and seizure under section 132, any declarations made by the assessee could not discharge his liability to the extent of cash seized as Section 132(5) of the Act does not deal with appropriation of the assets seized.

No TDS on reversal of Royalty Payment according to Government Policy

October 8, 2015 3754 Views 0 comment Print

In the Case of DIT v M/s Ericsson Communications Ltd. , Delhi High Court held that when the Industrial policy of Government of India mentions that there should be no royalty paid to the parent foreign collaborator company by the Indian wholly subsidiary company then the reversal

Unspent Amount of subsidy received from Holding Company cannot be treated as Income

October 8, 2015 1201 Views 0 comment Print

In the case of CIT v Canon India Pvt. Ltd., Hon’ble High Court held that whenever a subsidiary company is getting subsidy from it’s holding company, then the amount of subsidy which has not been spent will not be considered as income of the Assessee.

Delayed refund of SAD would entitle assessee to claim interest u/s 27A of Customs Act,1962

October 7, 2015 3418 Views 0 comment Print

The Hon’ble Delhi High Court in the case of Riso India Private Limited held that the Special Additional Duty of Customs is also a duty leviable under Customs Act,1962 and all the procedures regarding demand, refund , drawback as applicable to all other custom duties would also be applicable to SAD.

Whether assessee is entitled to avail Input Tax Credit on purchase of DEPB Scrips?

October 7, 2015 4619 Views 0 comment Print

Jagriti Plastics Limited vs Commissioner of Trade & Taxes (Delhi HIgh Court),- Hon’ble Court noted that the price of the goods sold by the appellant included the component of customs duty paid at the time of their import and such component is reduced to the extent of usage of DEPB scrips by the company.

Measurement of Distance to determine if agricultural land is situated within 8 km of municipal limits

October 5, 2015 66571 Views 7 comments Print

Delhi High Court held in the case of CIT vs. Vijay Singh Kadan that to determine whether the agricultural land is situated within 8 km of the municipal limits so as to constitute a capital asset, the distance has to be measured in terms of the approach road and not by the straight line distance on horizontal plane or as per crow’s flight.

Tangible evidences required for proving clandestine manufacture & not mere assumptions – HC

September 28, 2015 2553 Views 0 comment Print

In the case of Flevel International V/S Commissioner Of Central Excise, it was held by Delhi High Court that the denial of an opportunity of cross-examination of a witness whose statements have been relied upon in the adjudication order would vitiate the order of adjudication. In the present case

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