Month: May 2014

Delhi H.C : Whether jurisdiction of Assessing Officer under section 37 and TPO under section 92CA is distinct and, therefore, a referral made by Assessing Officer to TPO for limited purpose of determining ALP does not take away power of Assessing Officer to determine as to whether payment made by assessee to its AE for services rendered was basically an expenditure incurred for purpose of business so as to allow same under section 37(1)

High Court Of Delhi CIT-I Vs. Cushman And Wakefield (India) (P.) Ltd. Section : 92CA, 37(1) S. Ravindra Bhat And Vibhu Bakhru, JJ. IT Appeal No. 475 Of 2012 May 23, 2014 ORDER S. Ravindra Bhat, J. – This is an appeal by the Revenue against an order of the Income Tax Appellate Tribunal (“ITAT”). The …

Delhi H.C : Power of Assessing Officer /TPO does not extend to adjudicating upon nature or existence of liability by a proceeding akin to adjudication or judicial determinatio

High Court Of Delhi Emaar MGF Land Ltd. vs. Tax Recovery Officer-2 Section 226 Ravindra Bhat And Vibhu Bakhru, JJ. W.P. (C) No. 2774 Of 2014 C.M. No. 5741 Of 2014 May  23, 2014 JUDGMENT S. Ravindra Bhat, J. – The petitioner, in these proceedings under Article 226 of the Constitution of India, is aggrieved by …

Delhi H.C : Whether ambit of section 269SS is clearly restricted to transaction involving acceptance of money and not intended to affect cases where a debt or a liability arises on account of book entries

High Court Of Delhi CIT-VI Vs. Worldwide Township Projects Ltd Section : 269SS, 271D Assessment Year : 2007-08 S. Ravindra Bhat And Vibhu Bakhru, JJ. IT Appeal No. 232 Of 2014 May 21, 2014 JUDGMENT Vibhu Bakhru, J. – This is an appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961 …

Allahabad H.C : Assessee for extention of approval under section 10(23C)(vi) was a redundant application, inasmuch as, there was no requirement to apply for extension as said approval was granted after 1-12-2006 and original order of approval still continued to remain in force

High Court Of Allahabad Sunbeam Academy Educational Society Vs. CCIT Section : 10(23C) Assessment Years : 2008-09 To 2010-11 Tarun Agarwala And Bachchoo Lal, JJ. Civil Misc. Writ Petition (Tax) No.1502 Of 2009 May 21, 2014 ORDER Tarun Agarwala, J. – Heard Sri Ashish Bansal, the learned counsel for the petitioner and Sri Shambhu Chopra, the …

Delhi H.C : Where AAR passed an order holding that there existed AOP between assessee and CINDA, in view of order passed in case of Linde, AG, Linde Engg. Division v. Dy. CIT [2014] 44 taxmann.com 244 (Delhi), impugned decision was to be set aside and, matter was to be remanded back for disposal afresh

High Court Of Delhi CTCI Overseas Corporation Ltd. Vs. Dit-I, International Taxation Section 4 Badar Durrez Ahmed And Siddharth Mridul, JJ. W.P. (C) No. 4302 Of 2013 Cm No. 9996 Of 2013 May 20, 2014 JUDGMENT Badar Durrez Ahmed, J. – By way of this writ petition, the petitioner seeks quashing of the conclusion of the …

Allahabad H.C : The case of the Assess (Respondent) was covered by clause (c) of sub-section (1) of Section 158BB of the Income Tax Act, 1961, and not under clause(ca) of sub-section (1) of Section 158 BB of the said act, and in setting-aside the order of the Commissioner of Income Tax under Section 263

High Court Of Allahabad CIT (Central) vs. Umang Agarwal Section : 158BB Block Period : 1-4-1996 To 4-9-2002 Tarun Agarwala And Dr. Satish Chandra, JJ. IT Appeal No.422 Of 2006 May 16, 2014 ORDER 1. The present appeal is filed against the judgement and order dated 26.05.2006 passed by the Income Tax Appellate Tribunal, Allahabad in …

Delhi H.C : Whether scope of review under Article 226 insofar as an order passed by Settlement Commission under section 245D is limited one, therefore, interference can only be made if there is a fault in decision making process, and not with decision itself

High Court Of Delhi CIT (C)- III vs. Gopal Gupta Assessment Years : 2003-04 To 2009-10 Section : 245D Badar Durrez Ahmed And Siddharth Mridul, JJ. W.P. (C) No. 1208 Of 2013 Cm No. 2299 Of 2013 May 16, 2014 JUDGMENT Badar Durrez Ahmed, J. – This writ petition, which has been filed by the Commissioner …
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