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Landmark Rulings

Delhi High Court — Direct Tax

1,066 rulings

  1. Delhi High Court · 12 May 2021
    Revenue is directed to pass fresh assessment order after taking into account Assessee’s objections, and also grants a personal hearing.

    KBB Nuts Private Limited Vs NATIONAL FACELESS ASSESSMENT CENTRE DELHI

    (2022) TaxCorp(LJ) 28882 (HC-DELHI)

  2. Delhi High Court · 11 May 2021
    ITAT’s dismissal order can be construed as passed in limine since it was based on preliminary assessment of facts, in the light of orders of preceding years with no discussion on merits of the case.

    Bharat Bhushan Jindal Vs PRINCIPAL COMMISSIONER OF INCOME TAX-12 & ANR.

    (2022) TaxCorp(LJ) 28881 (HC-DELHI)

  3. Delhi High Court · 14 May 2021
    The petitioner has, according to us, at least at this stage, established a prima facie case in his favour concerning infraction of the principles of natural justice by the revenue.

    PARVIN KUMAR BATTA Vs DEPUTY COMMISSIONER OF INCOME TAX CENTRAL

    (2022) TaxCorp(LJ) 28868 (HC-DELHI) · Section 132(4)

  4. Delhi High Court · 16 Apr 2022
    As long as the bonus or commission is paid to the directors for services rendered and as a part of their employment, it was to be allowed.

    SRC Aviation P. Ltd Vs ASSISSTANT COMMISSIONER OF INCOME TAX & ANR.

    (2022) TaxCorp(LJ) 28859 (HC-DELHI)

  5. Delhi High Court · 12 Apr 2022
    Assessee is entitled to interest in accordance with Section 244A up to the date of payment.

    Ingenico International India Pvt. Ltd Vs JOINT COMMISSIONER OF INCOME-TAX, CIRCLE 10(1) & ORS

    (2022) TaxCorp(LJ) 28826 (HC-DELHI)

  6. Delhi High Court · 09 Apr 2022
    Just because advertisement was published in Urdu language and that too in one newspaper, it cannot be presumed that it was targeted at the students belonging to a particular community only.

    HAMDARD NATIONAL FOUNDATION (INDIA) Vs COMMISSIONER OF INCOME TAX (EXEMPTIONS)

    (2022) TaxCorp(LJ) 28810 (HC-DELHI)

  7. Delhi High Court · 02 Apr 2022
    Tax authorities are eligible to grant stay on deposit of amounts lesser than twenty percent of the disputed demand in the facts and circumstances of a case.

    Tata Teleservices Limited Vs COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION-3

    (2022) TaxCorp(LJ) 28753 (HC-DELHI)

  8. Delhi High Court · 29 Mar 2022
    Entire edifice of the assessment order was voluntariness to buy peace and avoid litigation which Revenue noted and accepted in the assessment order, thus, there was no question of misreporting.

    Schneider Electric South East Asia (Hq) Pte Ltd Vs ASST COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION

    (2022) TaxCorp(LJ) 28724 (HC-DELHI)

  9. Delhi High Court · 29 Mar 2022
    Assessee’s case was selected for reassessment since it was flagged in Non-Filers Monitoring System.

    Vodafone Luxembourg 5 S A R L Vs INCOME TAX DEPARTMENT, CIRCLE INTERNATIONAL - TAX 3 (1)(1)

    (2022) TaxCorp(LJ) 28720 (HC-DELHI)

  10. Delhi High Court · 19 May 2021
    The jurisdictional notice in the present case having been issued in the correct name, merely because the assessment order did not mention the subsequently changed name, is not fatal.

    Sony Mobile Communications India Pvt. Ltd Vs PR. COMMISSIONER OF INCOME TAX-8

    (2022) TaxCorp(LJ) 28689 (HC-DELHI)

  11. Delhi High Court · 26 May 2021
    HC - Faceless assessment order passed prior to expiry of date given to assessee for filing response to SCN-cum-draft assessment order quashed.

    Renew Power Private Limited Vs NATIONAL E-ASSESSMENT CENTRE DELHI

    (2022) TaxCorp(LJ) 28659 (HC-DELHI)

  12. Delhi High Court · 21 Mar 2022
    The Assessee had filed his replies to the notices that were not considered while passing the impugned order which in turn states that despite giving several opportunities the Assessee had not filed any reply/response.

    Mayur Batra Vs ASSISSTANT COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 28639 (HC-DELHI)

  13. Delhi High Court · 31 May 2021
    The assessee being a POA holder cannot be treated as rightful owner of the income, which has arisen on sale of a particular property.

    Bankimbhai D. Patel Vs ITO

    (2022) TaxCorp(LJ) 28631 (HC-DELHI)

  14. Delhi High Court · 31 May 2021
    As per provisions of Sec. 144B the Revenue was required to issue a show cause notice-cum-draft assessment order when there is a difference in the declared and assessed income.

    Lokesh Constructions P Ltd Vs THE ASSISTANT COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 28630 (HC-DELHI)

  15. Delhi High Court · 28 May 2021
    Had the show cause notice cum draft assessment been served on the petitioner, its authorised representative could have requested for a personal hearing in the matter.

    YCD Industries Vs NATIONAL FACELESS ASSESSMENT CENTRE

    (2022) TaxCorp(LJ) 28629 (HC-DELHI)

  16. Delhi High Court · 26 May 2021
    Revenue is directed to grant a personal hearing through video conferencing.

    Blue Square Infrastructure Llp Vs NATIONAL FACELESS ASSESSMENT CENTRE

    (2022) TaxCorp(LJ) 28622 (HC-DELHI)

  17. Delhi High Court · 15 Mar 2022
    No question of law arises and that the penalty imposed cannot be construed as erroneous and unwarranted.

    Jayanti Dalmia Vs DY. COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 28589 (HC-DELHI) · Section 142(1)

  18. Delhi High Court · 14 Mar 2022
    Assessee has been following a consistent accounting policy of recognizing unearned revenue in each financial year, and offering it for tax as and when services are rendered and/or goods are sold.

    Ericsson India Private Limited Vs ASSISTANT COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 28587 (HC-DELHI) · Section 241A

  19. Delhi High Court · 12 Mar 2022
    No useful purpose would be served by giving Revenue an opportunity to file counter affidavit whereas Revenue will be liberty to take action in accordance with law in case of availability of any fresh material.

    KURZ INDIA PRIVATE LIMITED Vs PRINCIPAL COMMISSIONER OF INCOME TAX -5, NEW DELHI & ORS.

    (2022) TaxCorp(LJ) 28579 (HC-DELHI)

  20. Delhi High Court · 12 Mar 2022
    The payment for providing access to computer software does not amount to royalty.

    Gracemac Corporation Vs COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2

    (2022) TaxCorp(LJ) 28578 (HC-DELHI)

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