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HC - Unutilised subsidy from AE is not required to be recognised as income of assessee in the year of receipt. Where assessee follows Accrual/Mercantile system of Accounting, income can be recognised only when the matching expenditure is also accounted for, irrespective of the cash outflows/inflows during the year.
CIT Vs Canon India Pvt Limited
(2015) TaxCorp(LJ) 8433 (HC-DELHI)
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S. 32: A licensee who is in full control of the building and can exercise the rights of the owner in his own right is entitled to depreciation
CIT vs. Bharat Hotels
(2015) TaxCorp(LJ) 8307 (HC-DELHI) · Section 32
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Amendment extending limitation period u/s 201 can't revive earlier 'time barred' proceedings
Oracle India Pvt. Ltd. vs. Dy. CIT
(2015) TaxCorp(LJ) 7250 (HC-DELHI) · Section. 201
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S. 40(a)(ia): The obligation to deduct TDS is only with respect to "income". As amounts paid as "reimbursement of expenses" do not have the character of income, there is no obligation to deduct TDS
CIT vs. DLF Commercial Project Corp
(2015) TaxCorp(LJ) 7240 (HC-DELHI) · Section 40(a)(ia)
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S. 37(1): The very nature of a license agreement is that it is not of a permanent nature. The fact that the payment is spread over a period of 10 yearst does not make the assessee the owner of the technical knowhow. The payment is not of an enduring nature
CIT vs. SMCC Construction India Ltd
(2015) TaxCorp(LJ) 7199 (HC-DELHI) · Section 37(1)
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HC - A company ceases to exist after amalgamation. Thus, assessment upon a dissolved company is impermissible as there is no provision in Income Tax Act to make an assessment thereupon. Also cannot be cured by provision of section 292B.
CIT. Vs. Micron Steel Pvt. Ltd., M/s Steels Pvt. Ltd.
(2015) TaxCorp(LJ) 7062 (HC-DELHI) · Section 292B
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Gift cannot be said ingenuine if identity and relationship with donor established
CIT. vs. Ranesh Suri
(2015) TaxCorp(LJ) 7053 (HC-DELHI)
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Delay in issuing notice u/s 158BD by 10 months cannot be considered contemporaneous
CIT. vs. Bharat Bhushan Jain
(2015) TaxCorp(LJ) 7052 (HC-DELHI) · Section. 158BD
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Valid “Satisfaction Note” as required u/s 158BD requires proper recording of evidences for being satisfied
CIT. vs. Manoj Bansal, Radhey Sham Bansal, Suresh Kumar Gupta
(2015) TaxCorp(LJ) 7051 (HC-DELHI) · Section. 158BD
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HC - Undisclosed income cannot be taxed in the hands of assessee does not belong to block period.
CIT. Vs. Vivek Aggarwal
(2015) TaxCorp(LJ) 7040 (HC-DELHI)
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HC - Provisions of section 2(22)(e) could be applied where assessee can be treated as both registered as well as beneficial shareholder.
CIT (TDS) Vs. CJ International Hotel Pvt. Ltd.
(2015) TaxCorp(LJ) 7039 (HC-DELHI) · Section 2(22)(e)
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HC - For relief u/s 54, even booking rights or rights to purchase the apartment or to obtain its letter is also capital asset.
Commissioner of Income Tax Vs Ram Gopal
(2015) TaxCorp(LJ) 7038 (HC-DELHI) · Section 54
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HC - In order to make addition AO must enquire further and brought out contrary material to make addition u/s 68, if primary onus of proving identity, creditworthiness and genuineness was discharged by assessee.
CIT. vs. Shokeen Properties Pvt. Ltd.
(2015) TaxCorp(LJ) 7035 (HC-DELHI) · Section. 68
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HC - Amendment introduced section 254(2A) by virtue of Finance Act, 2008, with effect from 1-8-2008, which added words 'Even if delay in disposing of appeal is not attributable to assessee' has to be struck down being violative of article 14 of Constitution of India.
Pepsi Foods (P.) Ltd. v. Assistant Commissioner of Income-tax
(2015) TaxCorp(LJ) 6985 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=61159&Category=Judgment&CategoryType=Zip
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HC - Royalty paid by assessee to its parent company was revenue expenditure and could not be treated as capital expenditure.
Commissioner of Income Tax-IV v. Denso India Ltd.
(2015) TaxCorp(LJ) 6975 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=59194&Category=Judgment&CategoryType=Zip
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HC - Since assessee had simply filed a petition before court for short-payments of processing charges, but did not obtain any right to receive payments, no addition can be made.
Commissioner of Income-tax v. Sivalik Cellulose Ltd.
(2015) TaxCorp(LJ) 6947 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60452&Category=Judgment&CategoryType=Zip
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HC - For same assessment year and also on same facts AO had resorted to reassessment which was quashed by High Court. AO cannot justify reassessment by mentioning same reasons in different words.
Le Passage To India Tours & Travels (P.) Ltd. v. Additional Commissioner of Income-tax
(2015) TaxCorp(LJ) 6928 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=57234&Category=Judgment&CategoryType=Zip
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HC - Since assessee already furnished relevant document such as Swiss bank account statement and said facts were conveyed to authorities by sending letters on different dates, no criminal prosecution against assessee.
Shravan Gupta v. Assistant Commissioner of Income-tax
(2015) TaxCorp(LJ) 6919 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60847&Category=Judgment&CategoryType=Zip
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HC - UAE Concern acts as a liaisoning agent for the assessee, and receives its remuneration from each client that it successfully solicits for the assessee. Such services cannot be said to be included within the meaning of consultancy services. No TDS obligation on remittance.
CIT. vs. Grup ISM P. Ltd.
(2015) TaxCorp(LJ) 6910 (HC-DELHI)
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HC - Reserve for export market development allowance is not to be added while computing profits of general insurance business
The Oriental Insurance Co. Ltd. vs. CIT
(2015) TaxCorp(LJ) 6894 (HC-DELHI)
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