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Delhi High Court

No stay was granted for Income Tax demand during pendency of appeal before CIT

December 20, 2023 3096 Views 0 comment Print

Assessee had not been able to make out a prima facie case in its favour and had a ‘lot to answer’ in the appeal. Assessee’s plea of financial stringency based on its balance-sheet also inspired no confidence as according to AO, the accounts had not been properly maintained, therefore, assessee’s application for stay of demand during the pendency of the appeal before the Commissioner of Income Tax (Appeals) against the assessment order was rightly dismissed.

AO dealing with assessment concerning Subsequent Year to decide on Carry Forward & set off of Business Loss 

December 20, 2023 981 Views 0 comment Print

Delhi High Court ruling on PCIT Vs Burda Druck India Pvt. Ltd. explores AO’s authority in deciding business loss carry forward. Full text and analysis here.

Section 80IA(4)(ii): Expansion of Telecommunication Service does not constitute a new undertaking

December 20, 2023 471 Views 0 comment Print

Delhi High Court ruling in PCIT vs. Verizon Communications India Pvt. Ltd. case: Analysis of 80IA deduction, expansion of telecom services, and tax holiday denial.

No TDS on Management Fee to AE as same was Not FTS: Delhi HC

December 20, 2023 840 Views 0 comment Print

Explore the Delhi High Court judgment on Intertek India vs ITO. No TDS for management fee to Associated Enterprises not classified as ‘Fee for Technical Services.’ Full analysis of the case.

Delhi HC Directs Income Tax Refund Release: Tirupati Buildings Case

December 20, 2023 531 Views 0 comment Print

Delhi High Court orders Income Tax Department to release Rs. 87,89,440 refund to Tirupati Buildings Private Limited, adjusted against outstanding demand for AY 2011-12.

Income Tax Refund adjusted without Section 245 notice: HC directs issue of refund

December 20, 2023 2046 Views 0 comment Print

Delhi High Court directs Income Tax Department to remit Rs 44.6 lakhs refund in the Syed Habeebur Rehman vs. DCIT Circle 28(1) & Ors. case, resolving a dispute over AYs 2010-11 and 2014-15. Full judgment details.

Delhi HC explains what constitute remission or cessation of a trading liability

December 20, 2023 1665 Views 0 comment Print

Delhi High Court rules in CIT Vs Vardhman Overseas Ltd. that non-payment to creditors, shown in balance sheets, doesn’t imply benefit under Section 41(1) IT Act, safeguarding the principle against double taxation benefits.

Upward adjustment rejected as reimbursement of AMP expenses incurred by Sony India for AE was at arm’s length

December 18, 2023 720 Views 0 comment Print

Delhi High Court held that upward adjustment advertising, marketing and promotion expenses (AMP) rejected as reimbursement of AMP expenses incurred by respondent (Sony India) on behalf of its AE was at arm’s length.

Condonation of delay in filing of appeal by revenue not granted as sufficient cause not shown

December 18, 2023 2493 Views 0 comment Print

Delhi High Court dismissed condonation of delay in filing of appeals by revenue in absence of any sufficient cause shown. Court observed that no action is taken against the officers who sit on files and do nothing under presumption that the court would condone delay in routine.

Delhi HC Quashes Invalid GST Search Authorization due to Lack of Statutory Basis

December 18, 2023 954 Views 0 comment Print

Delhi HC quashes GST search on Bhagat Ram Agro, cites errors in authorization and lack of statutory basis. Emphasizes the importance of legal adherence in GST proceedings.

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