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Delhi High Court

No interest on delayed payment of interest u/s 244A on principal refund amount be allowed to the assessee

May 2, 2015 3756 Views 0 comment Print

Only amount which an assessee aggrieved by delayed payment can legitimately claim under the statute is interest and that no other interest on such statutory interest is payable. CIT Vs. Indian Farmer Fertilizer Co-operative (Delhi High Court)

If AO not conducted proper inquiry, the obligation to do so is on CIT(A) & ITAT

April 24, 2015 3600 Views 0 comment Print

Assessment proceedings under the Income Tax Act are not a game of hide and seek. The inquiry in the wake of a notice under Section 148 is not an empty formality. It must be effective and with a sense of purpose.

ITAT justified in extending period of stay of demand beyond 365 days in case hearing could not be taken up for reason not attributable to assessee

April 21, 2015 1259 Views 0 comment Print

The petitioner has filed an appeal being ITA No.825/Del/2014 before the Income Tax Appellate Tribunal being aggrieved by the order passed by the Dispute Resolution Panel on 31.10.2013. The Tribunal, at the initial stage, that is, on 31.03.2014, had granted stay of the demand which had been raised subsequent to the said order

Calculation of Average Investment U/s 14A r.w rule 8D only Tax Free Investment to be Considered

April 11, 2015 10633 Views 0 comment Print

For the assessment year 2008-09 the assessee had reported a tax exempt income to the tune of Rs. 18,26,360/- amongst other heads of income. The AO added back Rs. 19,96,242/- under Section 14A. While doing so, the AO applied Rule 8D by taking into consideration the total quantum of interest other than that invested

Addition cannot be made by AO merely based upon DVO’s report in absence of any material pointing to under valuation

March 17, 2015 2479 Views 0 comment Print

The ITAT considered the submissions and concluded that the AO could not have brought to tax the amounts that he ultimately did merely based upon the DVO’s report in the absence of any material pointing to under valuation.

Nature of Gains on sales of equity shares & compulsorily convertible debentures?

March 16, 2015 5672 Views 0 comment Print

The writ petitioner under Article 226/227 of the Constitution ofIndia, is a company incorporated under the laws of Mauritius, challenges aruling dated 21.03.2012 (hereinafter referred to as the ‘impugned ruling’) ofthe Authority for Advance Ruling, (herein after referred to as ‘AAR’) in A.A.R.

All business profits of the undertaking are eligible for deduction U/s. 10B

March 4, 2015 2123 Views 0 comment Print

CIT vs. Hritnik Exports Pvt. Ltd (Delhi High Court) Sub-section (4) of section 10B stipulated that deduction under that section shall be computed by apportioning the profits of the business of the undertaking in the ratio of turnover to the total turnover.

Statutory reserve created u/s 45-IC of RBI Act cannot be excluded from book profits

February 23, 2015 32586 Views 1 comment Print

Issue – Whether on the facts and in the circumstances of the case the Tribunal in computing book profit under Section 115JB was justified in confirming the addition of Rs. 9,80,00,000/- transferred to the special reserve pursuant to the provisions of Section 45-IC of the Reserve Bank of India Act, 1934 under Clause (b) of the Explanation to Section 115JB

Section 269SS not applies to loan between firm and partners

February 9, 2015 33525 Views 0 comment Print

Section 269SS would not be violative when money is exchanged inter-se between the partners and partnership firm in spite of the fact that the partnership firm and individual partners are separate assessees.

Entertainment Tax Exemption Setting up of Modern Multiplexes is Capital Receipt

February 6, 2015 1955 Views 0 comment Print

The UP Scheme under which the assessee claims exemption to the extent of entertainment tax subsidy, claiming it to be capital receipt, is clearly designed to promote the investors in the cinema industry encouraging establishment of new multiplexes.

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