Delhi High Court

Delhi HC dismisses ITR/TAR Due Date Extension Appeal

Avinash Gupta & ANR Vs Union of India & ORS. (Delhi High Court)

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)...

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Whether Section 153C enables AO to issue notice to third parties on the basis of entries in some documents

The Commissioner Of Income Tax (Central) Vs Mohan Meakins Limited & Ors. (Delhi High Court)

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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Depreciation on enhanced cost of asset is allowed from the date when the obligation to pay customs duty arose

Commissioner of Income Tax Vs Noida Medicare Centre Ltd, (Delhi High Court)

In the of CIT Vs. Noida Medicare Centre Ltd, Delhi High Court held that the AO erred in disallowing the capitalization of the additional customs duty in the manner claimed by the Assessee and adding the entire customs duty paid in the relevant AY to the income of the Assessee....

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Comparable transactions/entity must be selected based on similarity with controlled transaction/entity

Rampgreen Solutions Pvt Ltd Vs Commissioner of Income Tax (Delhi High Court)

In the case of Rampgreen Solutions Pvt Ltd vs CIT, Delhi High Court inter-alia held that the expression ‘BPO’ and ‘KPO’ are, plainly, understood in the sense that whereas, BPO does not necessarily involve advanced skills ...

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No disallowance u/s 14A if no exempt income earned or received

Cheminvest Ltd. Vs CIT (Delhi High Court)

Delhi High Court held in the case of Cheminvest Ltd. v. CIT that No disallowance u/s 14A can be made in a year in which no exempt income has been earned or received by the assessee. Section 14A of Income Tax Act, 1961 does not apply to shares bought for strategic purposes....

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System Generated Assessment Orders Not Valid – Delhi HC

Bhumika Enterprises Vs Commissioner Value Added Tax & Anr. (Delhi High Court)

Bhumika Enterprises Vs Commissioner Value Added Tax & Anr In a major relief to VAT dealers in the State of Delhi, the High Court of Delhi has quashed the system generated assessment orders issued by the VATO....

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Hundi discounting charges to carry on business is revenue expenses

CIT Vs DLF Universal Ltd (Delhi High Court)

Delhi High Court held in CIT Vs DLF Universal Ltd held that If assessee got hundi from its suppliers and get it discounted from the bank ,then the discounting charges paid by the assessee would be treated as a revenue expense;...

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Expense on Charity not entitled to exemption if it not as per objects

Mool Chand Khairati Ram Trust Vs DIT (Exemptions) (Delhi High Court)

Delhi High Court In the case of Mool Chand Khairati Ram Trust vs DIT (Exemptions) held that Assessee would not be entitled to exemption under Section 11 of the IT Act if its activities are outside the scope of its objects, even if its activities are charitable in nature....

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Additions only if some incriminating document found during search

Commissioner of Income Tax Vs MGF Automobiles Ltd. (Delhi High Court)

In the case of CIT Vs. MGF Automobiles Ltd., Delhi High Court upheld the order of the ITAT that the additions could have been made by the AO only if some incriminating document was found during search. ...

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Income from shares – whether capital gains or income from business or profession

Sanjeev Mittal Vs CIT (Delhi High Court)

Sanjeev Mittal Vs CIT (Delhi High Court) The assessee was a medical practitioner with professional income and income from capital gains as returned income. The A.O. contended the income from capital gains to be the income from business or profession as he noticed that the professional receipts ...

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