2016-TIOL-460-HC-DEL-IT

VODAFONE ESSAR MOBILE SERVICES LTD Vs UoI: DELHI HIGH COURT (Dated: March 9, 2016)

Income Tax - Sections 153(3)(ii), 194H, 201(1) & 201(1A).

Keywwords - assessee in default - Circular No.5 of 2010 - constitutional validity - harmonious construction - TDS - time limit.

Whether proviso cannot be interpreted by the Department to enable it to initiate proceedings for declaring an Assessee to be an Assessee in default under Section 201 for a period earlier than four years prior to 31st March, 2011 - YES: HC

Whether the provision u/s 153 does not apply the time limit of two years for completing assessment from the end of financial year and can apply only to the Assessee in whose case such an order is made by a Court - YES: HC

Whether to invoke provision u/s 153 there has to be a finding or directions as regarding the non-deduction of TDS resulting in an Assessee having to be declared an Assessee in default under Section 201 - YES: HC

Whether there is no question of 'harmonious construction' of a CBDT Circular issued by the CBDT - YES: HC

Assessee's petition allowed

2016-TIOL-461-HC-DEL-IT

CIT Vs VATIKA LANDBASE PVT LTD: DELHI HIGH COURT (Dated: February 26, 2016)

Income tax - Section 132, 133.

Whether merely because there are certain notings for projected sales is found on slips of paper, it did not mean that those transactions actually took place at such projected amount and thus addition cannot be made on the basis of such document as it is a dumb document.

Revenue's appeal is dismissed