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HC - Presumption u/s 134(4A)/292C is available only in the case of the person from whose possession and control the documents are found and it is not available in respect of a third party and also it is a rebuttable one.
Commissioner Of Income Tax Versus Anil Khandelwal
(2015) TaxCorp(LJ) 6429 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=61018&Category=Judgment&CategoryType=Zip
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HC - Depreciation on machinery would be allowed even if it is installed for trial run, though not for production
Commissioner of Income-tax, Delhi-IV v. Escorts Tractors Ltd.
(2015) TaxCorp(LJ) 6417 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=61021&Category=Judgment&CategoryType=Zip
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HC - No interest on delayed payment of interest u/s 244A on principal refund amount be allowed to the assessee
CIT. Vs. Indian Farmer Fertilizer Co-operative
(2015) TaxCorp(LJ) 6414 (HC-DELHI) · Section. 244A
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ITAT - Commerciality is not a test to determine genuineness of charitable nature of education activities of a trust or institution under amended provision of section 2(15). Conditions of franchiser under franchisee agreement could not be a ground to assume that income of trust would not be applied for educational activity
Meritta Welfare Trust v. Commissioner of Income-tax, Dehradun
(2015) TaxCorp(LJ) 6412 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=61009&Category=Judgment&CategoryType=Zip
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HC - In respect of gift from an NR, assessee must prove genuineness of the gift and the fact that it was made out of love and affection.
Sarita Aggarwal v. Income-tax Officer
(2015) TaxCorp(LJ) 6394 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60420&Category=Judgment&CategoryType=Zip
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HC - ITAT justified in extending period of stay of demand beyond 365 days in case hearing could not be taken up for reason not attributable to assessee
United Health Group Information Services Pvt. Ltd. Vs. DCIT
(2015) TaxCorp(LJ) 6301 (HC-DELHI)
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HC - Whether or not advertisement or brand building expenditure should have been incurred for agarbatti and incense sticks was prerogative and right of assessee and AO could not question and challenge same. Disallowance u/s 37(1) not justified.
Commissioner of Income-tax Delhi (Central) III v. Hari Chand Shri Gopal
(2015) TaxCorp(LJ) 6280 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58650&Category=Judgment&CategoryType=Zip
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HC - EOU outsourcing its manufacturing activity after carrying out detailed engineering drawing qualified as 'manufacture' or 'production' of goods; entitled to section 10B relief.
Commissioner of Income-tax- I v. AAR ESS Exim (P.) Ltd.
(2015) TaxCorp(LJ) 6258 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60366&Category=Judgment&CategoryType=Zip
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HC - Section 80I tax holiday is available to assessee availing services of workers through contractors. There is nothing in Section 80I(2)(iv) to say that the relationship in order to qualify for the term “employment” must be one of master and servant and cannot extend to contractual employment.
Trimatic Engineering Co P Ltd vs. ACIT
(2015) TaxCorp(LJ) 6223 (HC-DELHI) · Section. 80I
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HC - Where assessee did not disclose this income in his returns but during survey, a director of assessee company made a statement about materials and undisclosed income, addition u/s 69A against company was justified.
Raj Hans Towers (P.) Ltd. v. Commissioner of Income-tax-V
(2015) TaxCorp(LJ) 6207 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=59327&Category=Judgment&CategoryType=Zip
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HC - Where assessing Officer proceeded on basis of doubts as to genuineness of claim rather than some concrete material, disallowance of deduction under section 80-IC to manufacturer of LCD monitors was not justified.
Commissioner of Income-tax –XI v. Tej Pal Singh Kohli
(2015) TaxCorp(LJ) 6204 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=59220&Category=Judgment&CategoryType=Zip
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HC - Since software development centres added under each license were only extensions of the original undertaking, therefore they could not consequently be treated as separate undertakings. Sec 10A-benefit treating assessee’s 31 units as separate-undertakings is denied.
HCL Technologies vs ACIT
(2015) TaxCorp(LJ) 6188 (HC-DELHI) · Section. 10A
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HC - Calculation of Average Investment U/s 14A r.w rule 8D only Tax Free Investment to be Considered
ABC India Ltd. Vs. ACIT
(2015) TaxCorp(LJ) 6155 (HC-DELHI) · Section. 14A
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ITAT - Since document (letters/e-mail) seized was both undated and unsigned, therefore can not be relied upon by AO to make additions.
Commissioner of Income-tax-XIV v. Vivek Aggarwal
(2015) TaxCorp(LJ) 6109 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60419&Category=Judgment&CategoryType=Zip
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HC - Provisional booking of a house property is a 'capital asset' and eligible for exemption us/ 54 along with sum incurred on its improvement.
Commissioner of Income-tax-XVI v. Ram Gopal
(2015) TaxCorp(LJ) 6106 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60388&Category=Judgment&CategoryType=Zip
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HC - Value of tax exempt investments to be considered while computing the “average value of investment” under Rule 8D(2)(iii)
ACB India Ltd vs. ACIT
(2015) TaxCorp(LJ) 6076 (HC-DELHI)
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HC - For the purpose of S. 14A & Rule 8D(2)(iii), in computing the “average value of investment”, only the investments yielding non-taxable income have to be considered and not all investments.
ACB India Ltd vs. ACIT
(2015) TaxCorp(LJ) 6074 (HC-DELHI) · Section 14A
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HC - Prize money received by Editor of India Today from B.D. Goenka Trust for excellence in Journalism is capital receipt, because amount not directly relatable to carrying on of vocation as a journalist, but linked with assessee’s personality.
Aroon Poorie vs CIT
(2015) TaxCorp(LJ) 6054 (HC-DELHI)
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HC - Guidance note 7 issued in 2012 by ICAI could not be the basis for making addition in AY 2009-10. The correct approach should be to examine the reasonableness of claim rather than strictly apply a guidance note, formulated and published later
CIT vs. Ansal Landmark Township (P) Ltd.
(2015) TaxCorp(LJ) 6052 (HC-DELHI)
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HC - Transfer Pricing - Entire law on determining ALP of transaction of loan of money to AE discussed
CIT vs. Cotton Naturals (I) Pvt. Ltd
(2015) TaxCorp(LJ) 6017 (HC-DELHI)
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