-
The ICAI has jurisdiction to examine any conduct (including alleged sexual harassment) by a CA that would tend to bring disrepute to the profession or the Institute. The fact that the matter is pending trial before the Criminal Court is not relevant because the standards of proof are different. The ICAI may or may not await the outcome of the trial depending on the circumstances (Gurvinder Singh 259 TM 311 (SC) followed)
Lalit Agrawal vs. ICAI
(2019) TaxCorp(LJ) 19237 (HC-DELHI)
-
HC - Preliminary steps towards the fulfillment of its purpose e.g. key personnel appointments, indicates that assessee had set up its business - Deduction u/s. 37 available.
Indian Railway Stations Development Corporation Ltd Vs PR. COMMISSIONER OF INCOME TAX-IV
(2019) TaxCorp(LJ) 18061 (HC-DELHI)
-
S. 194H TDS: Payment gateway charges paid to a bank for swiping credit cards are in the nature of fees for banking services and not "commission" or "brokerage". Accordingly, no TDS is deductible from the said charges u/s 194H and no disallowance u/s 40(a)(ia) can be made (JDS Apparels 370 ITR 454 (Del) followed)
PCIT vs. Make My Trip India Pvt Ltd
(2019) TaxCorp(LJ) 17995 (HC-DELHI) · Section 194H
-
HC - Disallowance u/s 40A(2) - Professional and fair conduct in earlier years should have been appreciated and not frowned to be treated as a ground to disallow fair and genuine payment under Section 40A(2)(a) read with Clause (b) of the Act. A provision which requires a just and fair approach by the assessee must be interpreted and applied in a just and fair manner by the authorities.
SIGMA RESEARCH & CONSULTING PVT LTD. VERSUS COMMISSIONER OF INCOME-TAX
(2019) TaxCorp(LJ) 17971 (HC-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77179&Category=Judgment&CategoryType=Zip
-
S. 10(38) Bogus Capital Gains from Penny Stocks: It is intriguing is that the company had meagre resources and reported consistent losses. The astronomical growth of the value of company’s shares naturally excited the suspicions of the Revenue. The company was even directed to be delisted from the stock exchange. The assessee’s argument that he was denied the right to cross-examine the individuals whose statements led to the inquiry and ultimate disallowance of the long term capital gain claim is not relevant in the wake of findings of fact
Udit Kalra vs. ITO
(2019) TaxCorp(LJ) 17964 (HC-DELHI) · Section 10(38)
-
HC - Gateway charges are in the nature of fees for banking services and not 'commission' or 'brokerage' - No TDS u/s. 194H on payment gateway charges.
Make My Trip India Pvt. Ltd Vs THE PR. COMMISSIONER OF INCOME TAX-6
(2019) TaxCorp(LJ) 17938 (HC-DELHI) · Section 194H
-
HC - Compensation payment to prospective buyers for surrender of allotted commercial spaces by builder is allowable business expenditure.
GOPAL DAS ESTATES & HOUSING PVT.LTD Vs COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 16884 (HC-DELHI)
-
HC - Writ Allowed - Instead, waiting for the time till the two members who decided the first ITAT orders were not available and choosing to prefer the rectification application at a convenient time, the assessee no doubt technically was compliant, but stood exposed to the odium of forum shopping. Imposes cost on assessee.
N R Portfolio Pvt Ltd Vs PR COMMISSIONER OF INCOME TAX-6
(2019) TaxCorp(LJ) 16749 (HC-DELHI)
-
HC - It is plain that the reassessment notice was based upon a second opinion or revisiting of the same facts by a subsequent Assessing Officer and no more. For these reasons, the reassessment notice has to be quashed.
IHHR HOSPITALITY PVT. LTD. VERSUS ADDITIONAL COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 16745 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=75844&Category=Judgment&CategoryType=Zip
-
S. 254(2): The conduct of the assessee was speculative. It is not an uninformed litigant. it calculatedly chose not to question the rejection of its cross objection. Instead, waiting for the time till the two members who decided the first ITAT orders were not available and choosing to prefer the rectification application at a convenient time, the assessee no doubt technically was compliant, but stood exposed to the odium of forum shopping. ITAT's MA order reversed with costs of Rs. 1.5 Lakh imposed on the assessee
PCIT vs. N. R. Portfolio
(2019) TaxCorp(LJ) 16726 (HC-DELHI) · Section 254(2)
-
S. 220(6) Stay of demand: The AO cannot impose the per se condition that pending consideration of the application for stay of demand, certain minimum amount (15%/ 20%) has to be deposited by the assessee as prescribed by the CBDT. He has apply his mind and decide the application for stay of demand
Turner General Entertainment Networks India Pvt. Ltd vs. ITO
(2019) TaxCorp(LJ) 16669 (HC-DELHI) · Section 220(6)
-
HC - Having accepted that the expenditure claimed was bogus, the ITAT cannot apply the GP Ratio which was entirely unwarranted.
PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-17, VERSUS M/S. WADHAWAN DESIGNS
(2019) TaxCorp(LJ) 16620 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=75581&Category=Judgment&CategoryType=Zip
-
S. 68 Bogus share capital in form of accommodation entries: The transactions are clearly sham and make-believe with excellent paper work to camouflage their bogus nature. The reasoning is contrary to human probabilities. In the normal course of conduct, no one will make investment of such huge amounts without being concerned about the return and safety of such investment. The Tribunal's order is clearly superficial and adopts a perfunctory approach and ignores evidence and material referred to in the assessment order
PCIT vs. NDR Promoters Pvt. Ltd
(2019) TaxCorp(LJ) 16618 (HC-DELHI) · Section 68
-
HC - AO is required to apply its mind and decide the Stay Application on merits without seeking any pre-deposit for consideration for application for exemption/stay of demand.
Turner General Entertainment Networks India Pvt. Ltd Vs ITO
(2019) TaxCorp(LJ) 16614 (HC-DELHI)
-
HC - Section 260A - Though the findings of facts by the AO were reversed by the CIT(A), and in turn were set aside by the ITAT, that ipso facto does not attract the jurisdiction of HC unless the reasoning or the approach of the ITAT is so unreasonable or manifestly irrational.
INTEC CORPORATION VERSUS PRINCIPAL COMMISSIONER OF INCOME TAX -11, NEW DELHI
(2019) TaxCorp(LJ) 16600 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=75535&Category=Judgment&CategoryType=Zip
-
HC - One time consultancy fees to foreign affiliate for identifying investment opportunities for the overseas funds is deductible u/s 37(1).
Lok Advisory Services Pvt. Ltd Vs Pr.Commissioner Of_Income Tax-5
(2019) TaxCorp(LJ) 16596 (HC-DELHI) · Section 37
-
HC - 'Inadvertent omission’ by CA would be considered a bona fide reason for condonation of delay in seeking TDS refund.
G.V.Infosolutions Pvt. Ltd Vs DEPUTY COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 16592 (HC-DELHI)
-
HC - Delay in filing a refund application - Beyond a plea of the sort the petitioner raises (concededly belatedly), there can not necessarily be independent proof or material to establish that the auditor in fact acted without diligence - claim of refund to be considered.
G.V. INFOSUTIONS PVT. LTD. VERSUS DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 10 (2), & ANR.
(2019) TaxCorp(LJ) 16578 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=75511&Category=Judgment&CategoryType=Zip
-
HC - Writ Dismissed - Interest u/s 234B(2A) would be applicable to pending applications before the Settlement Commission as on the date of insertion of the section from 1st June, 2015.
Orchid Infrastructure DEVELOPERS PVT. LTD Vs UNION OF INDIA & ORS
(2019) TaxCorp(LJ) 16509 (HC-DELHI) · Section 234B(2A)
-
Law on what constitutes a "fixed place permanent establishment" under Articles 5(1) to 5(3) of India-USA DTAA explained after referring to all judgements and pronouncements from the OCED Commentary and eminent authors
GE Energy Parts Inc vs. CIT
(2019) TaxCorp(LJ) 16497 (HC-DELHI)
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.