Delhi High Court

Presumption of existence of an international transaction not allowed in transfer pricing provision

Maruti Suzuki India Ltd. (MSIL) Vs CIT (Delhi High Court)

Delhi High Court held In the case of Maruti Suzuki India Ltd. (MSIL) vs. CIT that the transfer pricing adjustment is not expected to be made by deducing from the difference between the 'excessive' advertisement...

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Provisions of interest on belated refund U/s. 27A of Customs Act also applies on belated refund of SAD

Principal Commissioner of Custom Vs Riso India (P.) Ltd. (Delhi High Court)

Principal Commissioner of Custom Vs. Riso India (P.) Ltd. (Delhi High Court) Duty' as defined in Section 2(15) of the Customs Act, is wide enough to cover all kinds of duty, including SAD. Hence, as per Section 3(8) of Customs Tariff Act...

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Proceedings u/s 153C not valid in absence of any relevant seized material

CIT Vs M/s Refam Management Services (P) Ltd. (Delhi High Court)

Delhi High Court held In the case of CIT vs. M/s Refam Management Services (P) Ltd. that under Section 153C the assessment or reassessment of income of a person other than a searched person would proceed in accordance with the provisions of Section 153A....

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Expenses debited as cost of ESOP in profit and loss account allowable

CIT Vs Lemon Tree Hotels Ltd (Delhi High Court)

In case of CIT vs. Lemon Tree Hotels Ltd Following the Madras High Court in CIT-III Chennai v. PVP Ventures Ltd. (TC(A) No. 1023 of 2005) it was held by Delhi High Court that ESOP could be debited to the profit and loss account of the Assessee....

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When revenue failed to show any legal infirmity in order of ITAT, no question of law arises in relation to Sec. 68

CIT Vs Five Vision Promotors Pvt. Ltd. (Delhi High Court)

CIT Vs. Five Vision Promotors Pvt. Ltd. (Delhi High Court)- AO made addition on account of share application money u/s 68 which was confirmed by the CIT. On appeal ITAT held that assessee has proved identity, genuineness & creditworthiness of the investors. ...

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

Principal Commissioner of Customs Vs Riso India Private Limited (Delhi High Court)

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....

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Reassessment proceeding based on ED information without correlating with returns filed is invalid

Commissioner of Income Tax Vs M/s. Indo Arab Air Services (Delhi High Court)

CIT Vs. M/s. Indo Arab Air Services (Delhi High Court) Assessee had escaped assessment for the AY in question. While the AO has referred to the fact that the ED gave information regarding cash deposits being found in the books of the Assessee...

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HC confirms penalty on custom official for clearance of Consignment without proper Verification

S.N. Ojha Vs Commissioner of Customs (Delhi High Court)

Delhi High Court held In the case of S.N. Ojha vs. Commissioner of Customs that apart from the statement recorded, there is sufficient corroboration by the fact that as many as 100 consignments were allowed to be cleared without proper verification....

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Section 293 bar to entertain any civil suit against IT department on dues which are subject matter of income tax proceedings

Vishwanath Khanna Vs CCIT (Delhi High Court)

Delhi High Court held In the case of Vishwanath Khanna vs. CCIT that as per section 293, no civil suit lies against the Income Tax Department with respect to any dues claimed from the Income Tax Department if such dues are/can be the subject matter of proceedings under the Income Tax Act....

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No ALP adjustment where buyer outsourced purchase only for administrative convenience & seller is only charging fixed manufacturing charges

Johnson Matthey India Pvt. Ltd. (JMIPL) Vs DCIT (Delhi High Court)

Delhi High Court held In the case of Johnson Matthey India Pvt. Ltd. vs. DCIT that the purpose of transfer pricing is to benchmark transactions between related parties in order to discover the true price if such entities were unrelated. ...

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