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HC - Expenditure on advertisement by assessee, engaged in service of trading of mobile handsets and its accessories are allowable as revenue expenditure as every year expenditure has to be incurred to make and keep public informed, aware and remain in limelight
Commissioner of Income-tax-III v. Spice Distribution Ltd.
(2015) TaxCorp(LJ) 5628 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58251&Category=Judgment&CategoryType=Zip
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HC - By no stretch of imagination can Section 14A or Rule 8D be interpreted so as to mean that the entire tax exempt income is to be disallowed. Disallowance worked out by AO at about 110% of the entire tax exempt income, not justified.
Joint Investments Pvt Ltd. vs. CIT
(2015) TaxCorp(LJ) 5613 (HC-DELHI) · Section. 14A
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HC - All business profits of the undertaking are eligible for deduction and it is not necessary to show that they have a "direct nexus" with the undertaking
CIT vs. Hritnik Exports Pvt. Ltd
(2015) TaxCorp(LJ) 5596 (HC-DELHI) · Section 10B(4)
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HC - There cannot be a general rule that whenever a refund of income tax paid in excess is to be made, the Revenue must necessarily pay interest on the refunded amount
CIT vs. Engineers India Ltd
(2015) TaxCorp(LJ) 5576 (HC-DELHI)
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HC - Issue relating to promotion of ACIT, petitioners were required to approach Central Administrative Tribunal (CAT) in first instance. Writ petition not maintainable
Sanjay Pandey v. Central Board of Direct Taxes
(2015) TaxCorp(LJ) 5537 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58671&Category=Judgment&CategoryType=Zip
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HC - Section 201 proceedings initiated after four years against assessee is not justified. Also, Parliament decided against retro amendment to section 201.
CIT vs. C. J. International Hotels Pvt. Ltd
(2015) TaxCorp(LJ) 5532 (HC-DELHI) · Section 201
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HC - Registering of ‘criminal contempt’ is directed against the intervener for alleging collusion between taxpayers and Government Department.
CIT vs. Escorts Ltd
(2015) TaxCorp(LJ) 5512 (HC-DELHI)
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HC - Persons to whom interest was paid on cash loan, their details and particulars were not ascertained, verified and examined by AO, therefore addition u/s 69C as well as penalty u/s 269T is not justified.
Commissioner of Income-tax (Central) II v. Home Developers (P.) Ltd.
(2015) TaxCorp(LJ) 5502 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=59118&Category=Judgment&CategoryType=Zip
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HC - Contribution towards the transfer fees and non occupancy charges are covered by the principle of mutuality and is not chargeable to tax
Commissioner of Income Tax-16 Versus Shyam Co-Op. Housing Society Ltd.
(2015) TaxCorp(LJ) 5473 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60452&Category=Judgment&CategoryType=Zip
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HC - When voluntary disallowance made by assessee under section 14A is found to be unsatisfactory on examination of accounts, only then AO can invoke rule 8D to compute deduction.
Commissioner of Income-tax- VI v. Taikisha Engineering India Ltd.
(2015) TaxCorp(LJ) 5407 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58850&Category=Judgment&CategoryType=Zip
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HC - Reserve created under Section 45-IC of the Reserve Bank of India Act, 1934 can neither be diversion of income at source nor constitute an expenditure or liability
SREI Infrastructure Finance Ltd vs. ACIT
(2015) TaxCorp(LJ) 5403 (HC-DELHI) · Section 115JB
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HC - The revenue did not discharge the burden of proving due service of notice u/s 143(2), therefore the notice issued after the period of limitation could not be held against the assessee.
MOHAN S LAKHANI Versus INCOME TAX OFFICER & ANR
(2015) TaxCorp(LJ) 5399 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60399&Category=Judgment&CategoryType=Zip
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HC - Statutory reserve created u/s 45-IC of RBI Act is not a "diversion of income at source" and cannot be excluded from book profits
Srei Infrastructure Finance Ltd vs. ACIT
(2015) TaxCorp(LJ) 5395 (HC-DELHI) · Section 115JB
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HC - AO had adopted GP rate of 25% on ad hoc basis for civil contractor. ITAT was justified in adopting presumptive tax rate of 8 per cent as mentioned in section 44AD even though turnover of assessee was in excess of Rs. 40 lakh.
Commissioner of Income-tax-XIII v. Lovish Oberoi
(2015) TaxCorp(LJ) 5392 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=57871&Category=Judgment&CategoryType=Zip
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HC - Deduction u/s 80I is available on the gross income without reducing Sec 80HH deduction
Commissioner Of Income Tax Del-Iii Vs. Unipatch Rubber Ltd.
(2015) TaxCorp(LJ) 5372 (HC-DELHI) · Section. 80HH
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HC - Royalty u/s 9(1)(vi) - Lump-sum payments are covered under the term ‘royalty’. The agreement postulated grant of permission to use or right to use intellectual property rights or know how and it is not a case of outright sale
HCL LIMITED Versus THE COMMISSIONER OF INCOME TAX NEW DELHI
(2015) TaxCorp(LJ) 5358 (HC-DELHI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7865&Category=INTLDecisions&CategoryType=Zip
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AAR - Assessee which is a project engineering company, is entitled to exemption u/s 10B on plant installation project executed outside India.
CIT vs AAR ESS EXIM Pvt Ltd
(2015) TaxCorp(LJ) 5332 (HC-DELHI) · Section 10B
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HC - Lumpsum payment by assessee to a foreign company under the “Technology Transfer and Technical Assistance Agreement” for 5 yrs., is “Royalty" as rights not fully alienated
HCL Limited vs. The CIT
(2015) TaxCorp(LJ) 5331 (HC-DELHI)
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HC - One of the functions to be performed by the assessee was to incur the advertisement and promotion expenditure, then the expenditure incurred for the said purpose should be allowed under section 37(1) as incurred wholly and exclusively.
COMMISSIONER OF INCOME TAX Versus DISCOVERY COMMUNICATION INDIA
(2015) TaxCorp(LJ) 5325 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=59095&Category=Judgment&CategoryType=Zip
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HC - Sec 269SS not attracted for advances given by partners to the partnership firm as not distinct entities; No Sec 271D penalty.
CIT. vs. Muthoot Financiers
(2015) TaxCorp(LJ) 5289 (HC-DELHI) · Sections. 269-SS, 271D
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