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HC - The purpose and objective behind sub-section (6) to Section 32A is to facilitate reconstruction and amalgamation and not to obstruct genuine transactions of such nature. Investment allowance benefit u/s 32A available in case of amalgamation
CIT vs. DCM Ltd
(2014) TaxCorp(LJ) 4874 (HC-DELHI) · Section 32A
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Delhi VAT : Sale of used cars not subject to VAT
Anand Decors Vs. Commissioner Of Trade And Taxes
(2014) TaxCorp(LJ) 4866 (HC-DELHI)
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Hc - Effect of amendment u/s 40A(3) w.e.f. 1.4.2009. The amendment is applicable w.e.f. 1st April, 2009 not prior to that
Commissioner of Income Tax-XIII Versus Hitesh Bansal
(2014) TaxCorp(LJ) 4851 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58964&Category=Judgment&CategoryType=Zip
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HC - In view of the payments to the creditors, book entries were made in the journal of the assessee, thus there is no cash payment; Penalty u/s 271D cannot be imposed for violation of Section 269SS
The Commissioner of Income Tax Versus M/s. Sidhartha Securities And Traders Ltd.
(2014) TaxCorp(LJ) 4842 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58950&Category=Judgment&CategoryType=Zip
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HC - The order has been passed after taking into consideration the extraneous material which had never been brought to the notice of the assessee prior to passing of the order. Therefore, the action of the AO is violative of principles of natural justice and fair play and therefore not sustainable in the eyes of law.
Anand Chauhan and others Versus The Commissioner of Income Tax, Himachal Pradesh
(2014) TaxCorp(LJ) 4841 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58924&Category=Judgment&CategoryType=Zip
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HC - Restriction of penalty imposed u/s 140A(3) to 25% is justified. Revenue harbors the belief that maximum penalty must be imposed in all cases, which is not the legislative mandate.
Commissioner of Income Tax-VIII Versus Naresh Kumar Jaggi
(2014) TaxCorp(LJ) 4840 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58954&Category=Judgment&CategoryType=Zip
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HC - Tribunal was correct in placing reliance on surveyor’s report for the purpose of determining the actual cost of the asset acquired by the assessee
De Nora India Limited (Earlier Known As M/s. Titanor Components Ltd.) Versus CIT And Another
(2014) TaxCorp(LJ) 4839 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58955&Category=Judgment&CategoryType=Zip
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HC - The sale consideration for transfer of shares was artificially and deceitfully bifurcated under a sham agreement/ documentation, which was unreal and not a true record of the intention. Entire amount would be taxed in the hands of the assessee, and would be treated as part of the sale consideration received on transfer of the shares in CDBL, held by him
The Commissioner of Income Tax, Delhi –IV Versus Shiv Raj Gupta
(2014) TaxCorp(LJ) 4838 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58956&Category=Judgment&CategoryType=Zip
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HC - Assessee was engaged in processing of goods or merchandise as activity of converting raw gold into jewellery or ornaments amounts to processing, if not manufacture of goods or merchandise. Jewellery has distinctive name, character and use and is a different and new commercially saleable product; eligible for exemption u/s 10A/10B
Commissioner of Income Tax Versus M/s. Harig India Limited
(2014) TaxCorp(LJ) 4837 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58957&Category=Judgment&CategoryType=Zip
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HC - Part of profits earned on sale of shares held as investment would be assessable under the head short-term capital gains and not as business income
Commissioner of Income-tax v. CNB Finwiz Ltd.
(2014) TaxCorp(LJ) 4836 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=57938&Category=Judgment&CategoryType=Zip
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HC - No TDS us/ 194C on air freight paid to C&F agent which was raised by said agents by separate bills for reimbursement as it was paid to airlines for export of goods
Commissioner of Income-tax v. Opera Global (P.) Ltd.
(2014) TaxCorp(LJ) 4835 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58047&Category=Judgment&CategoryType=Zip
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HC - Since FCNR(B) loan was not for acquisition of any asset and payment made in foreign currency was actual expenditure incurred by assessee to protect itself from foreign exchange fluctuation loss, said payment would be of revenue nature
Commissioner of Income-tax-VI v. Climate System (P.) Ltd.
(2014) TaxCorp(LJ) 4830 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=57984&Category=Judgment&CategoryType=Zip
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ITAT - Whenever the application under Section 197 is made, the same should be disposed of expeditiously
DHARAMSHILA CANCER FOUNDATION AND RESEARCH CENTRE vs. CIT
(2014) TaxCorp(LJ) 4812 (HC-DELHI)
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HC - In case of Construction Business, in absence of Books, 8% Net Profit held reasonable in Tax Audit case the same as mentioned in sec. 44AD
COMMISSIONER OF INCOME TAX-XII versus SUBODH GUPTA
(2014) TaxCorp(LJ) 4804 (HC-DELHI)
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HC - As a jeweller, it was normal and customary to pay 'making charges', in cash therefore no ad-hoc disallowance called for also when assessee had proved genuineness of making charges paid in cash to workers
Commissioner of Income-tax-XI v. Rama Krishna Jewellers
(2014) TaxCorp(LJ) 4780 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58266&Category=Judgment&CategoryType=Zip
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HC - Inaccuracy or wrong furnishing of income would be covered by the expression "Inaccurate particulars", concealment penalty justified.
CIT vs NG Technologies Ltd.
(2014) TaxCorp(LJ) 4761 (HC-DELHI)
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HC - Consideration received on surrender of tenancy right after 14 years to be treated as long-term capital gain
Commissioner of Income-tax v. Frick India Ltd.
(2014) TaxCorp(LJ) 4756 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=58074&Category=Judgment&CategoryType=Zip
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HC - The word/expression "provision" by itself and alone without other information/material, would not reflect and indicate unascertained liability. Thus, mere surmise or suspicion cannot be a ground to reopen assessment
CIT vs Valvoline Cummins Ltd.
(2014) TaxCorp(LJ) 4750 (HC-DELHI)
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A statutory order, even if a nullity, continues to be effective unless set aside by a competent authority. Such orders cannot be nullified by an administrative order
R. K. Jain vs. Chairman, Settlement Commission
(2014) TaxCorp(LJ) 4742 (HC-DELHI)
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HC - Section 54 benefits available even though new property possession not received within 2 years
CIT Vs KULDEEP SINGH
(2014) TaxCorp(LJ) 4652 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=57903&Category=Judgment&CategoryType=Zip
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