Delhi High Court

Section 147 can be invoked only if AO has reason to believe that taxable income has escaped assessment

Oriental Insurance Company Vs CIT (Delhi High Court)

In case of Oriental Insurance Company vs. CIT, Delhi High Court held that AO could not assume jurisdiction to reopen assessment u/s 147, until his reasons of belief have a ‘direct nexus’ and a ‘live link’ with the opinion formed by him, that Taxable Income of Assessee has escaped assessment....

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Sec.292BB- Service of Notice- Objection raised prior to completion of reassessment is valid

Commissioner Of Income Tax Vs Chetan Gupta (Delhi High Court)

In case of CIT Vs. Chetan Gupta, Delhi High Court held that where objection to effect, that notice for reassessment was not served on his last known address of assessee, was taken prior to completion of reassessment...

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In absence of incriminating material found during search, reference to DVO is invalid

Commissioner Of Income Tax Vs Anil Arora (Delhi High Court)

Delhi High Court in case of Commissioner Of Income Tax Vs. Anil Arora held that reference to DVO for valuation of a property itself was invalid ,when AO’s conclusion/reasoning was not based on any material discovered or seized during the search operations. ...

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Amount received by a prospective employee as compensation for denial of employment is capital receipt

Commissioner Of Income Tax Vs Pritam Das Narang (Delhi High Court)

Delhi High Court in case of CIT vs Pritam Das Narang held that Amount received by a prospective employee ‘as compensation for denial of employment,’ is a capital receipt . In case of assessee , where there was no commencement of employment...

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Gross receipts will not include service tax while calculating presumptive income u/s 44BB

Director of Income Tax & Principal CIT Vs Mitchell Drilling International Pvt. Ltd. (Delhi High Court)

Delhi High Court held In the case of Director of Income Tax & Principal CIT vs. Mitchell Drilling International Pvt. Ltd. that the service tax is not an amount paid or payable, or received or deemed to be received by the Assessee for the services rendered by it....

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Taxability of Amount received by prospective employee for loss of employment

CIT Vs Pritam Das Narang (Delhi High Court)

CIT vs. Pritam Das Narang (Delhi High Court) - Amount received by prospective employee for loss of employment offer is a capital receipt and is neither taxable as salary and nor as Income From other sources....

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In absence of intention to deal in land on regular basis, income earned from sale of land is taxable as capital gain

CIT Vs Edward Keventer (Successors) Private Limited (Delhi High Court)

Delhi High Court in case of CIT Vs. Edward Keventer (Successors) Private Limited held that factors like intention of the assessee in purchasing the property, duration of time property was kept by assessee, lack of any transactions of sale or purchase of property throughout relevant period of time...

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Notional interest not eligible for deduction u/s 10A: HC

Thomson Press (India) Ltd Vs CIT (Delhi High Court)

Thomson Press (India) Ltd vs. CIT (Delhi High Court), ITA 83/2003, Dated-09.10.2015 Claim that notional interest on funds placed by the s. 10A eligible unit with the H.O. is allowable as a deduction to the H.O. and is exempt in the hands of the s. 10A unit is an unsustainable view....

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S. 254 Tribunal can consider the plea not raised before CIT (A)

Fast Booking (I) Pvt. Ltd. Vs DCIT (Delhi High Court)

Delhi High Court has held In the case of Fast Booking (I) Pvt. Ltd. Vs. DCIT that Under Section 254 Tribunal has inherent power to entertain alternative plea of which was not urged before CIT(A). High Court Directed the Tribunal to consider the Plea of the Assessee that in case he is denied benefit ...

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No TDS liability arise on mere passing of book entry which gets reversed subsequently

Director of Income Tax Vs M/s Ericsson Communications Ltd. (Delhi High Court)

Delhi High Court held In the case of DIT Vs. M/s Ericsson Communications Ltd. that mere passing of the book entries, which are reversed, would not give rise to an obligation to deduct TDS by the Assessee, as clearly, there is no debt that can be said to be acknowledged by the Assessee. ...

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