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Delhi High Court

S. 194H TDS not applicable on Charges for use of Swipe Machine paid to banks

December 17, 2014 22476 Views 0 comment Print

Assessee was engaged in the business of trading in readymade garments. A letter was received from the Assessing Officer, TDS Circle Mumbai that the respondent-assessee had paid 3commission’ to HDFC on payments received from customers who had made purchases through credit cards.

Construction Business- In absence of Books 8% Net Profit held reasonable in Tax Audit case

December 16, 2014 8331 Views 0 comment Print

In the case in hand, the appellate authorities have not applied Section 44AD as such. Difficulty arose as they had to estimate reasonable rate of net profit. In the absence of any data and details, they applied the net profit rate as mentioned in Section 44AD.

Income Tax Return & other details exempt from RTI – Delhi HC

December 4, 2014 2057 Views 0 comment Print

The assessment proceedings are not public proceedings where all and sundry are allowed to participate and add their opinion to the proceedings. Merely because a spirited citizen wishes to assist in assessment proceedings, the same cannot be stated to be in larger public interest.

HC quashes disciplinary proceeding against CA by ICAI for Inexcusable Delay

December 2, 2014 6550 Views 0 comment Print

In this case ICAI has started the Disciplinary proceeding against a CA . It was alleged that he has got published an advertisement in ‘Accountancy Journal’ published by the Institute of Chartered Accountants of England and Wales, in United Kingdom to solicit any business

S. 148 Reopening based on re-appreciation of same material on record not valid

October 30, 2014 1321 Views 0 comment Print

In the present case also, there exist no grounds for re opening the assessment after the expiry of 4 years from the relevant assessment year. The notice under section 148 of the said Act is based on re-appreciation of the same material on record.

In case of disclosure of material facts of during original assessment proceeding, AO cannot issue re-assessment notice u/s 148 of the Act to find nature of same

October 26, 2014 1806 Views 0 comment Print

It is a settled position in law that for reassessment proceedings beyond the period of four years from the end of the relevant assessment year, it is an essential condition that the income chargeable to tax which has allegedly escaped assessment must be occasioned

S. 80IC Assembling of Tools & Machinery for final product is equal to manufacturing process

October 26, 2014 1532 Views 0 comment Print

The respondent-assessee was engaged in the business of manufacture of health care and surgical items and in the returns filed for Assessment Years 2006-07, 2008-09 and 2009-10 had declared taxable income of Rs.26,25,230/-, Rs.94,90,363/- and Rs.32,18,350/- respectively.

Expenses incurred between the dates of commencement of business to setting up of business are allowable

October 25, 2014 16465 Views 0 comment Print

Some of the relevant facts are, the assessee company was incorporated on September 19, 2007 under the Companies Act, 1956, to carry on trading activities which primarily included wholesale trading of all kinds of consumer goods durables, articles and products.

HC set aside order rejecting Stay of demand in high-pitched assessments

October 8, 2014 6851 Views 0 comment Print

we feel that it would be appropriate if the ACIT reconsiders the application of the petitioner for stay in the light of the observations contained in the said decision [Soul v. DCIT (supra)]. This is so because according to the petitioner the assessment is a high pitched one inasmuch as it is approximately 17 times of the returned income.

CA held guilty of professional misconduct for filing bogus form with ROC

September 10, 2014 9197 Views 0 comment Print

that the Economic Offences Wing of the Delhi Police, on the complaint of the complainant company had found that Sh. Sanjay Daksha, Sh. Sofi-ur­rehman, Sh. Binod Rajhans did not figure in the complainant company records before 8th March, 2004

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