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Delhi High Court

Assessee & Revenue have right to File cross objection before ITAT

September 27, 2015 6125 Views 0 comment Print

The Delhi High Court Has Held In the case of Fast Booking (I) Pvt. Ltd. Vs Dy. Commissioner Of Income Tax that both the assessee as well as the department have a right to file an appeal/cross-objections before the Tribunal.

Delhi HC directs CBDT to issue Income Tax Return forms on time

September 24, 2015 11111 Views 0 comment Print

In a Historic/Landmark Judgment Delhi High Court in the case Avinash Gupta Vs. UOI has although not allowed extension of due date for filing ITR for AY 2015-16 but instructed the Govt. to ensure availability of forms for tax audit from the beginning of next assessment year.

Section 54F cannot be denied if Assessee was not exclusive owner of more than one property at the time of Transfer

September 23, 2015 1954 Views 0 comment Print

In the case of CIT vs Kapil Nagpal, it was held by the Delhi High Court that purchase of an agricultural land used for agricultural purposes did not violate 54F conditions. Further the exclusive ownership of the residential house on the date of transfer is required to prove violation of Section 54F.

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

September 20, 2015 1742 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 2460 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 1384 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 6412 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 4492 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 5251 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 1460 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.

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