Category: High Court

Archive for the ‘High Court’ Category


CIT vs. Vishnu Industrial Gases (Delhi High Court)

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DATE: (Date of pronouncement)
DATE: August 12, 2008 (Date of publication)
AY:
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CITATION:

Where the department had not disputed that the expenditure was deductible in principle but was only disputing the year in which the deduction could be allowed HELD, castigating the department, that as the tax rates were the same in both years, the department should not fritter away its energies in raising questions as to the year of deductibility/taxability.

CIT vs. Star Chemicals (Bombay High Court)

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DATE: (Date of pronouncement)
DATE: July 30, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

It is clear from the reading of Section 36 (1) (vii) and Circular No. 551 dated 23rd January, 1990 that if the assessee has written off the debt as bad debt, that would satisfy the purpose of the Section.

Valvoline Cummins vs. DCIT (Delhi High Court)

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DATE: (Date of pronouncement)
DATE: July 1, 2008 (Date of publication)
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CITATION:

In accordance with Instruction No.96 dated 21st August, 1969 issued by the CBDT where the income determined is substantially higher than the returned income, that is, twice the latter amount or more, then the collection of tax in dispute had to be held in abeyance till the decision on the appeal is taken

CWT vs. Value Capital Services (Delhi High Court)

COURT:
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SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: May 21, 2008 (Date of publication)
AY:
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CITATION:

In a case where it is alleged that persons contributing share application moneys are bogus, it is quite obvious that is very difficult for the assessee-company to show the creditworthiness of strangers. If the Revenue has any doubt with regard to their ability to make the investment, their returns may be re-opened by the department.

CWT vs. Sona Properties (Bombay High Court)

COURT:
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SECTION(S):
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COUNSEL:
DATE: (Date of pronouncement)
DATE: May 19, 2008 (Date of publication)
AY:
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CITATION:

It is not open to the WTO u/s 16A of the W. T. Act to call for the report of the Valuation Officer after the assessment proceedings are completed and use that report to commence proceedings for reassessment. The jurisdiction conferred on the WTO is limited to calling for the report when the proceeding are pending and not when the Wealth Tax Officer becomes functious officio.

CIT vs. Arthusa Offshore (Uttarakhand High Court)

COURT:
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SECTION(S):
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COUNSEL:
DATE: (Date of pronouncement)
DATE: April 23, 2008 (Date of publication)
AY:
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CITATION:

The word “tax”in Articles 14(2) and 2(1)(b) of the India-USA DTAA includes “surcharge” and for purposes of Article 14(2) which provides that the rate of tax payable by a USA company shall not exceed 15% of the rate payable by domestic companies, the surcharge payable by domestic companies has to be included.

CIT vs. Lazor Syntex & CIT vs. Akshay Textiles Trading (Bombay High Court)

COURT:
CORAM:
SECTION(S):
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COUNSEL:
DATE: (Date of pronouncement)
DATE: April 9, 2008 (Date of publication)
AY:
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CITATION:

In McDowell 154 ITR 148, the Court nowhere said that every action or inaction on the part of the tax payer which results in reduction of tax liability to which he may be subjected to in the future, is to be viewed with suspicion and be treated as a device for avoidance of tax irrespective of legitimacy or genuineness of the act.

CIT vs. Scindia HUF (Bombay High Court)

COURT:
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SECTION(S):
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COUNSEL:
DATE: (Date of pronouncement)
DATE: April 9, 2008 (Date of publication)
AY:
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CITATION:

The issue of notice under s. 16 (2) W. T. Act {s. 143 (2) I. T. Act} is mandatory for reassessment proceedings. If notice u/s 16 (2) {143 (2)} is not issued, the assessment order passed u/s 17 {s. 147} is not valid.

New Delhi Auto vs. JCIT (Delhi High Court)

COURT:
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SECTION(S):
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COUNSEL:
DATE: (Date of pronouncement)
DATE: April 9, 2008 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

The consequences arising out of invoking Chapter XIV-B of the Act are drastic and draconian. The accounts of the assessee may be re-opened for ten years and not only a legal presumption is raised against the assessee but the burden shifts on the assessee to show that it did not have any undisclosed income. Under these circumstances the Revenue should not exercise its powers in a mechanical power but should be circumspect while taking action under the provisions of Chapter XIV-B of the Act.Where the ‘satisfaction’ recorded by the AO u/s 158 BD was vague and lacking material particulars, held the proceedings were bad-in-law.

M/s SCM Creations vs. ACIT (Madras High Court)

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DATE: (Date of pronouncement)
DATE: April 3, 2008 (Date of publication)
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CITATION:

In ACIT vs. Rogini Garments 108 ITD 49, the Chennai Special Bench of the ITAT held that in view of s. 80-IA (9), relief under s. 80-IA had to be deducted from the profits and gains before computing relief u/s

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