HC

HC: Allows investment allowance u/s. 32A on computers / equipments, not directly used in production

Calcutta HC sets aside ITAT order for AY 1983-84, allows Brooke Bond India’s investment allowance claim u/s. 32A on weighing machines, electrical equipments, other machineries and computers; Rejects Revenue’s stand that

Jun 20,2018

HC: Revenue can’t compel legal-heir to participate in deceased’s re-assessment; Death non-intimation irrelevant

Madras HC allows petitioner’s (deceased assessee’s spouse) writ, quashes re-assessment notice issued u/s 148 in the name of deceased-assessee, holds that petitioner cannot be compelled to participate in the proceedings and

Jun 18,2018

HC: Insists Tax Clearance Certificate before director leaving country, considering Rs. 400 cr. demand raised u/s. 179

Kerala HC sets aside order u/s. 179 holding assessee-individual jointly and severally liable for payment of tax and penalty demands of the company to the extent of Rs.408.6 Cr., but insists on

Jun 18,2018

HC: Upholds deletion of Sec. 271(1)(c) penalty on actor Trisha Krishnan, absent 'deliberate' concealment of income

Madras HC upholds ITAT order, deletes concealment penalty u/s. 271((1)(c) on Trisha Krishnan (assessee, a Cine artist) in respect of advances received from various cinema producers towards the work ‘to

Jun 15,2018

HC: Denies deduction u/s. 37 to lawyer for settlement expenses incurred as company’s MD / personal guarantor

Delhi HC upholds ITAT order, denies deduction u/s 37 to assessee-individual (a lawyer) for litigation/settlement expenses incurred in respect of settlement of dues of the company for which he stood

Jun 09,2018

HC: Re-assessment not void for want of proper service of notice u/s. 282(2)

Delhi HC sets aside ITAT order quashing re-assessment for AY 1995-96 on the ground that service of Sec. 148 notice on a person other than ‘principal officer’ as contemplated in

Jun 07,2018

HC: No TDS u/s 195 on foreign agency commission absent chargeability under the Income-tax Act

Gujarat HC upholds ITAT order and deletes disallowances u/s 40(a)(ia), rules that commission payments made by assessee-company to its foreign commission agent (payee) did not entail tax liability of the

Jun 01,2018

HC: Holds Revenue's appeal 'in-time', accepts Tribunal order 'non-receipt' plea; Explains ITAT's duty

Uttarakhand HC dismisses Hyundai's objections, holds that the appeal filed by Revenue against ITAT ruling is within the time-limit prescribed u/s. 260A ; Hyundai contended based on RTI records that while the Tribunal order had been served on CIT's office

May 25,2018

HC: Upholds Sec 36(1)(viia) bad debts provision deduction based on 'cumulative' outstanding rural advances

Calcutta HC upholds ITAT order for AYs 2008-09 and 2009-10,  rules that provision for bad and doubtful debt deduction u/s 36(1)(viia) incase of assessee-bank (a regional rural bank) ​has to be computed @

May 23,2018

HC: Denies capital gains exemption benefit u/s. 54F as flat construction preceded land-transfer

Gujarat HC upholds ITAT order for AY 2009-10, denies capital gains exemption benefit u/s. 54F to assessee-individual as the construction of the flats for personal use was completed before the sale of the capital asset (i.e. land); Assessee owned

May 22,2018

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