Month: May 2017

Meghalaya H.C : Where co-operative bank made deposits in government securities, on basis of principle of presumption that government departments had deposited TDS on interest, bank’s claim for refund of TDS was to be allowed

High Court Of Meghalaya Meghalaya Cooperative Apex Bank Ltd. Vs. Chairman Central Board of Direct Taxes Section 237 Assessment years 2000-01 to 2003-04 Dinesh Maheshwari, CJ. And Ved Prakash Vaish, J. Wp (C) No. 317 Of 2014 May  31, 2017 ORDER Dinesh Maheshwari, CJ. – The petitioners, Meghalaya Cooperative Apex Bank Limited and its Managing Director, have …

Delhi H.C : Where in earlier years capitalisation of professional and legal charges for business transfer and depreciation claim on same was initially disallowed being not as per section 43(1), but ultimately said claim was allowed, revenue being aware of same, could not initiate reassessment for current year on same ground

High Court Of Delhi Avtec Ltd. vs. DCIT Section : 43(1), 147 Assessment Years : 2008-09 to 2010-11 Dr. S. Muralidhar And Chander Shekhar, JJ. W.P. (C.) Nos. 519,522 & 761 Of 2016 May 30, 2017 ORDER Dr. S. Muralidhar, J. – These are three writ petitions by Avtec Limited which challenge the notices dated 31st …

Delhi H.C : A person can be in possession of undisclosed income not only in his or her own account but also in someone else’s account; pursuant to search warrant in name of him/her, department could proceed to search and seize in accounts of such other person and require bank to freeze such account

High Court Of Delhi Strategic Credit Capital (P.) Ltd. vs. Ratnakar Bank Ltd. Section : 132 Dr. S. Muralidhar And Chander Shekhar, JJ. W.P. (C.) Nos. 1180 & 2375 Of 2017 C.M. Nos. 5358 & 10202 Of 2017 (Stay) May  29, 2017 JUDGMENT Dr. S. Muralidhar, J. -These two writ petitions under Article 226 of the …

Kerala H.C : Under Direct Tax Dispute Resolution Scheme, 2016, amnesty could be sought only in respect of a penalty that was imposed under Income-tax Act; Scheme did not be intend to cover only such penalties as had been imposed on an assessee along with assessment order

High Court Of Kerala Grihalakshmi Films vs. JCIT, Range 1, Kozhikode Section 208 A.K. Jayasankaran Nambiar, J. W.P. (C) Nos. 6417 & 6418 Of 2017 May  26, 2017 JUDGMENT 1. As both these writ petitions involve a common issue in respect of sister units, they are taken up together for consideration and disposed by this common judgment. …

Delhi H.C : Invocation of section 153A by revenue for assessment years 2000-01 to 2003-04 was without any legal basis where there was no incriminating material qua each of those assessment years

High Court Of Delhi Pr. CIT, Central -2, New Delhi vs. Meeta Gutgutia Section 153A Assessment years 2001-02 to 2003-04 and 2004-05 Dr. S. Muralidhar And Chander Shekhar, JJ. IT Appeal Nos. 306 To 310 Of 2017 May  25, 2017 JUDGMENT Dr. S. Muralidhar, J. – These are five appeals by the Revenue under Section 260A of …

Delhi H.C : Where Assessing Officer of searched person recorded that documents seized during search belonged to assessee, merely because he had not categorically stated that documents mentioned therein did not belong to searched person would not invalidate assumption of jurisdiction under section 153C in respect of assessee

High Court Of Delhi Ganpati Fincap Services (P.) Ltd. vs. CIT Section 153C Assessment years 2004-05 to 2009-10 Dr. S. Muralidhar And Chander Shekhar, JJ. W.P. (C.) Nos. 525, 527, 529, 2220, 2221, 2224 To 2229 And 2245 To 2248 Of 2015 May  25, 2017 ORDER Dr. S. Muralidhar, J. – These fifteen writ petitions arise out …

Delhi H.C : On basis of reports of STPI and Export Promotion Council, that assessee ‘manufactured, produced and exported software’, it could claim exemption under section 10A or 10B

High Court Of Delhi Pr. CIT, Delhi-1 vs. Amadeus India (P.) Ltd. Section 10A Assessment year 2009-10 Dr. S. Muralidhar And Vinod Goel, JJ. IT Appeal Nos. 154 & 330 Of 2017 May  22, 2017 ORDER Dr. S. Muralidhar, J. – These are two appeals by the Revenue under Section 260A of the Income Tax Act, 1961 …
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