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HC - Exemption u/s 10AA will be available to ‘new’ SEZ unit even though assessee earlier availed Sec. 10A benefit.
MACQUARIE GLOBAL SERVICES PVT. LTD Vs THE PR. COMMISSIONER OF INCOME TAX -6
(2019) TaxCorp(LJ) 16453 (HC-DELHI) · Section 10AA, 10A
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HC - Definition of ‘eligible assessee’ u/s 144C would equally apply to the proceedings remanded to the Assessing Officer for fresh adjudication.
PR. COMMISSIONER OF INCOME TAX-6, DELHI VERSUS NT BACK OFFICE SERVICES PVT. LTD (EARLIER KNOWN AS GLOBERIAN INDIA PVT. LTD.)
(2019) TaxCorp(LJ) 16448 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=75227&Category=Judgment&CategoryType=Zip
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HC - Section 234E imposing a fee for delayed filing of statement of tax deducted at source are not ultra vires the provisions of the Constitution.
BISWAJIT DAS VERSUS UNION OF INDIA & ORS.
(2019) TaxCorp(LJ) 16446 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=75232&Category=Judgment&CategoryType=Zip
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HC - Fixed place permanent establishments under India-USA DTAA - The discharge of vital responsibilities relating to finalization of commercial terms, or at least a prominent involvement in the contract finalization process clearly revealed that the GE carried on business in India through its fixed place of business (i.e the premises), through the premises - Existence of PE in India established.
GE ENERGY PARTS INC., GE GENBACHER GMBH & CO., GE ENGINE SERVICES MALAYSIA SDN BHD, GE PACKAGED POWER INC., GE ENGINE SERVICES DISTRIBUTION LLC, GE JAPAN LTD., GE ELECTRIC CANADA COMPANY, GE AIRCRAFT ENGINE SERVICES LTD. GE AVIATION SERVICE OPERATION LLP, GE AVIATION MATERIALS LP, GE CALEDONIAN LTD., GE ELECTRIC POWER SYSTEMS INC. GE MULTILIN, GE PACIFIC PVT. LTD. VERSUS COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) , DELHI-I
(2019) TaxCorp(LJ) 16444 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=75219&Category=Judgment&CategoryType=Zip
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S. 4/ 145: Law on accrual on income, matching concept & principles of Revenue Recognition as per Accounting Standards (AS-9, AS-22) explained in the context of sale of prepaid mobile cards (All important judgements referred)
CIT vs. Shyam Telelink Ltd (Delhi High Court)
(2018) TaxCorp(LJ) 16249 (HC-DELHI) · Sections 4, 145
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S. 147/ 148: A report of the Revenue audit party is merely information and opinion. It is not new or fresh or tangible material. If the reassessment notice is solely based on an audit opinion, it means it is issued on change of opinion which is not permissible
FIS Global Business Solutions India Pvt. Ltd vs. PCIT
(2018) TaxCorp(LJ) 16215 (HC-DELHI) · Sections 147, 148
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HC - merely earning the surplus does not result in to the conclusion, that assessee is carrying on its activities, which can be termed as business, trade, or commerce. Exemption u/s 11 cannot be denied.
DCIT (EXEMPTION) CIRCLE 1 (1), NEW DELHI VERSUS ERNET INDIA
(2018) TaxCorp(LJ) 16085 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=74537&Category=Judgment&CategoryType=Zip
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HC - Rights to enjoy lease income was a camouflage to divert income under a revocable transfer. Taxable u/s 60 in transferor’s hands.
Ambience Developers Vs COMMISSIONER OF INCOME TAX
(2018) TaxCorp(LJ) 16030 (HC-DELHI) · Section 60
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Search assessments. The time limit of 2 years u/s 153B for framing search assessment orders applies only to the original order and to orders passed after remand. The time limit for passing remand orders is governed by s. 153(3)/ erstwhile 153( 2A) & not by s. 153B. Limitation begins (for any purpose under the Act) from the point of time when the departmental representative receives the copy of a decision or an order of the ITAT
Surendra Kumar Jain vs. PCIT
(2018) TaxCorp(LJ) 15917 (HC-DELHI) · Sections 153(3), 153( 2A), 153B
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S. 68 Cash Credits: In order to avail of the theory of "peak credit", the assessee has to make a clean breast of all facts. He has to explain each of the sources of the deposits and the corresponding destination of the payment without squaring them off. The ITAT cannot proceed merely on the basis of accountancy and overlook the settled legal position
CIT vs. JRD Stock Brokers Pvt Ltd
(2018) TaxCorp(LJ) 15804 (HC-DELHI) · Section 68
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S. 147/ 56(2)(vii): Law explained on (i) reopening of assessment by issue of s. 148 notice at the 11th hour and based on "stale" material, (ii) nature of sanction to be accorded by the CIT u/s 151 and (iii) scope of s. 56(2)(vii) and whether difference between 'fair market value' and face value of unquoted shares can be assessed as income. All important judgements referred
Sonia Gandhi vs. ACIT
(2018) TaxCorp(LJ) 15754 (HC-DELHI) · Sections 56(2)(vii), 147
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S. 276B, 279(1), 278E Prosecution for non-deposit of TDS: In the case of default, Mens rea has to be presumed to exist. It is for the accused to prove the contrary and that too beyond reasonable doubt. The plea that default in payment of TDS occurred due to delay by department in refunding excess TDS due to the assessee is not acceptable because amount deducted by way of TDS has to be deposited within prescribed time irrespective of any counter claim of the assessee
ITO. vs. VCI Hospitality Ltd.
(2018) TaxCorp(LJ) 15636 (HC-DELHI) · Sections. 276B, 279(1), 278E
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S. 147/ 148: The revenue played a subterfuge in trying to cover up its omission and in ante dating the record. The court hereby directs the Chief Commissioner to cause an inquiry to be conducted as to the involvement of the officials or employee in the manipulation of the record, and take strict disciplinary action, according to the concerned rules and regulations. This inquiry should be in regard to the conduct of the concerned AO posted at the time, who issued the notice under Section 147/148 as well as the officers who filed the affidavits in these proceedings
Prabhat Agarwal vs. DCIT
(2018) TaxCorp(LJ) 15635 (HC-DELHI) · Sections. 147, 148
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S. 282/ 292B: Entire law on "service of notice" and difference between "issue" and "service" of notice explained. S. 147 proceedings are initiated when the notice is "issued". Though "service" of notice u/s 147/148 is not a mere procedural requirement, but a condition precedent for initiation of proceedings, the service upon a person who was not authorized to receive notice does not render the proceedings null and void if the assessee complied and entered appearance
CIT. vs. Sudev Industries Limited
(2018) TaxCorp(LJ) 15155 (HC-DELHI) · Sections. 282, 292B
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HC - Whether ‘oral statement’ constitutes ‘evidence found’ during search to be decided by larger bench.
CIT vs. M. S. AGGARWAL
(2018) TaxCorp(LJ) 14872 (HC-DELHI)
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S. 279 Prosecution for late deposit of TDS offense: Principles applicable to launching prosecution set out. If the assessee is able to make out that cognizance was not justified and as per law they can challenge and question the summoning order by way of petition u/s 397 read with Section 401 of the Code of Criminal Procedure, 1973 or if permissible, by way of a petition under Section 482 of the Code
Indo Arya Central Transport Limited vs. CIT
(2018) TaxCorp(LJ) 14652 (HC-DELHI) · Section. 279
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HC - The question as to whether sale of bare shell building is per se a deductible activity falling within Section 80IAB has not been adequately considered or addressed, proceedings u/s 263 allowed.
THE COMMISSIONER OF INCOME TAX-IV Vs DLF COMMERCIAL DEVELOPERS LTD.
(2018) TaxCorp(LJ) 14432 (HC-DELHI) · Sections 80IAB, 263
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HC - Since there was no 'corruption' allegations against MP/MLA, and pending such ‘investigation’, the information (including DG's responses) was exempt from disclosure u/s. 8(1)(h) of the RTI Act.
Satya Narain Shukla Vs CENTRAL BOARD OF DIRECT TAXES
(2018) TaxCorp(LJ) 14431 (HC-DELHI) · Section 8
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S. 271(1)(c): Voluntary surrender of income after survey by filing a revised income does not save the assessee from levy of penalty for concealment of income in the original return if there is no explanation as to the nature of income or its source. SAS Pharmaceuticals 335 ITR 259 (Del) is not good law after MAK Data 358 ITR 593 (SC)
Pr. CIT. Vs. Dr. Vandana Gupta
(2018) TaxCorp(LJ) 14425 (HC-DELHI) · Section. 271(1)(c)
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S. 206AA TDS: The requirement (pre amendment) that TDS should be deducted at 20% on payments to non-residents even though the income is chargeable to tax at a lower rate under the DTAA is not acceptable because the DTAA has primacy over the Act. S. 206AA (as it existed) has to be read down to mean that where the non-resident payee is resident in a territory with which India has a Double Taxation Avoidance Agreement, the rate of taxation would be as dictated by the provisions of the treaty
Danisco India Private Ltd. Vs. UOI
(2018) TaxCorp(LJ) 14344 (HC-DELHI) · Section. 206AA
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