Delhi High Court

Right Of First Refusal: A Contractual Restriction On Transfer Of Shares

Introduction Among various provisions of incorporating documents such as shareholder™s agreement in a corporation, an item will often appear labeled ROFR / Right of First Refusal. ROFR is a contractual right that obliges the selling shareholder not to sell its shares in the company to a third party without offering his shares to another party… Read More

Tags: Companies Act 1956Company Law BoardCorporationDelhi High CourtPre-emption rightRight of First RefusalROFRShareholders' agreement

Transfers Of Hon’ble Members Of The ITAT (Oct 2013)

Vide Order dated 04.10.2013 passed pursuant to the consultations with the collegium of the ITAT consisting of the President and two senior most Vice Presidents the following Members of the ITAT are hereby transferred in the same capacity to the respective Benches, mentioned below, with immediate effect: Name Present place of posting Transferred place of… Read More

Tags: AhmedabadDelhi High CourtIndiaKolkataReserve Bank of IndiaThe HonourableVice president

Transfer Pricing of Marketing Intangibles: An Analysis in light of LG Electronics India Pvt Ltd Case

I.  Introduction The taxation of income from intangibles is perhaps the most important large case issue in the inter-company transfer pricing world today.[1] An increasing number of multinational enterprises (hereinafter MNE™s) have been tapping the Indian market by offering their products through local affiliates. Due to strong market competition, they have substantially increased their advertising expenditure.… Read More

Tags: Arm's length principleDelhi High CourtIncome taxIncome Tax Act 1961IndiaMaruti SuzukiSuzukitransfer pricing

TDS Credit has to be given despite TDS Certificate entry is not displayed in Form 26AS

CLR Editorial Note: In this case or TDS credit, the assessee claimed credit for TDS which was denied by the Assessing Officer on the ground that the claim did not match the entries shown in Form No. 26AS and that there was a discrepancy. On appeal by the assessee, the CIT(A) held that the assessee… Read More

Tags: Bombay High CourtCommonwealth Law ReportsDelhi High CourtIncome taxIndiaOrder of AustraliaTaxTax Deducted at SourceTDS

Delhi High Court judgment issues seven Mandamus for action by the Income Tax Department

INSTRUCTION NO. 12/2013 DATED 9-9-2013 Hon'ble Delhi High Court vide its judgment in case Court On Its Own Motion v. UOI in W.P.(C) 2659/2012, dated 14.3.2013 has issued seven Mandamus for action by the Income Tax Department. One Mandamus is on compliance of section 245 of the Income-tax Act, 1961. 2. The Hon'ble High Court in this context had issued… Read More

Tags: BangaloreDelhi High CourtHonIncome taxIncome Tax DepartmentMandamusTaxation in IndiaThe Honourable

CBDT Action on Unmatched Challans reflected in Form 26AS – direction of the Hon’ble Delhi HC

INSTRUCTION NO 11/2013 Dated: 27 August, 2013 Subject: - Action on Unmatched Challans reflected in Form 26AS - direction of the Hon'ble Delhi HC in the case 'Court on Its Own Motion vs. UOI & Ors in WP(C) 2659/2012 & WP(C) 5443/2012'- regarding 1. The. Hon'ble Delhi High Court vide its judgement in the case 'Court… Read More

Tags: DelhiDelhi High CourtHonIncome taxIncome Tax DepartmentTaxation in IndiaTDSThe Honourable

Payment of interest u/s 244A of Income Tax Act 1961 when assessee is not at fault

INSTRUCTION NO. 07/2013 Dated 15-07-2013 Subject: Payment of interest u/s 244A of Income Tax Act 1961 when assessee is not at fault - regarding. Hon'ble Delhi High Court vide its judgement in case of Court On Its Own Motion Vs. UOI and Others in W.P,(C) 2659/2012 dated 14.03.2013 has issued seven Mandamus for necessary action by the… Read More

Tags: Delhi High CourtGovernment of IndiaHonIncome taxIncome Tax Act 1961IndiaMandamusThe Honourable

Past adjustment of refunds against the arrears where procedure u/s 245 of Income Tax Act was not followed

INSTRUCTION NO. 6/2013 DATED 10-7-2013 Subject: Past adjustment of refunds against the arrears where procedure u/s 245 of Income Tax Act was not followed - regarding. Hon'ble Delhi High Court vide its judgement in case of Court On Its Own Motion Vs. UOI and Others in W.P.(C) 2659/2012 dated 14.03.2013 has issued seven Mandamus for necessary action… Read More

Tags: Delhi High CourtHonIncome taxIncome Tax ActIncome Tax Act 1961MandamusOrder (biology)The Honourable

Customs Clarification regarding applicability of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009 for used tyres

INSTRUCTION F. No. 528/109/2011-STO (TU) Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs Tariff Unit 229A, North Block, New Delhi, 12th July, 2013 To All Chief Commissioners of Customs/Customs (Prev.), All Commissioners of Customs/Customs (Prev.), All Chief Commissioners Customs & Central Excise, All Commissioners of Customs & Central… Read More

Tags: Central Board of Excise & CustomsDelhi High CourtDirectorate General of Foreign TradeGovernment of IndiaIndiaMinistry of Commerce & IndustryNew DelhiQuality Control

Identification of Unserved Intimation under section 143 (1) for cases processed prior to 31-03-2010

Hon'ble Delhi High Court vide judgment in case of Court On its Own Motion v. UOI and Ors. in W.P. (C) 2659/2012 dated 14.03.2013 has issued Seven Mandamus for necessary action by income-tax Department one of which is regarding non-enforcement of Demand where no intimation under section 143(1) of Income-tax Act,1961 was sent by field-authorities in refspect of returns which were… Read More

Tags: CBDTCommonwealth Law ReportsDelhi High CourtHonIncome taxTaxation in IndiaThe HonourableUnited States

Rectification of mistakes u/s 154 – Manner of disposal of application received for rectification of mistake

Hon'ble Delhi High Court vide Judgment in case of Court On its Own Motion v. UOI and Ors. in W.P. (C) 2659/2012 dated 14.03.2013 has issued several Mandamuses for necessary action by income-tax Department one of which is regarding maintenance of "Rectification Register" in which details like receipt of applications under section 154 of the IT Act,… Read More

Tags: Delhi High CourtHonIdaho Transportation DepartmentIncome taxIncome Tax ActTaxUnited States

CLR Snippets | Members Appointed to the 20th Law Commission of India

The Central Government has appointed (i) Dr. Bijai Narain Mani, eminent law author, and (ii) Dr. Gurjeet Singh, Director General of the National Law School & Judicial Academy, Assam, as part-time Members of the 20th Law Commission of India with effect from the forenoon of the 24th May and the 31st May 2013, respectively, and up… Read More

Tags: AssamCentral GovernmentDelhi High CourtGovernment of IndiaIndiaJudgeLawLaw Commission of India

CLR Snippets | Appointment of Acting Chief Justice of the High Court of Delhi

In exercise of the powers conferred by Article 223 of the Constitution of India, the President has appointed Shri Justice Badar Durrez Ahmed, senior-most Judge of the High Court of Delhi, to perform the duties of the office of the Chief Justice of that High Court with effect from today, the 10th of June, 2013, consequent… Read More

Tags: Constitution of IndiaCorporate lawDelhiDelhi High CourtIndiaJudgeLawPresident of the United States

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