HC

HC: Dismisses Vodafone's writ seeking Rs. 4500+ Cr refund release, notes likelihood of substantial demand

Delhi HC dismisses writ filed by Vodafone Mobile Services Ltd seeking direction to AO for expeditious processing of return and issue of Rs. 4,759.74 Cr refund for AYs 2014-15 to 2017-18; Peruses

Dec 15,2018

HC: Subsequent amendments can’t re-open concluded proceedings; 16 yrs re-assessment time-limit, prospective

Delhi HC quashes re-assessment initiation for AY 1998-99 on assessee-individual (who was non-resident for subject AY), as it was barred by limitation u/s. 149; Relying on assessee’s statement during search

Dec 14,2018

HC: Upholds special audit initiation on Patanjali citing complexities in accounts

Delhi HC dismisses Patanjali Ayurveda’s writ, upholds initiation of special audit u/s 142(2A) for AY 2010-11 citing complexity in the accounts; Rejects assessee’s stand that once its accounts were audited,

Dec 14,2018

HC: Approves Telecom Co.'s 'actual usage' based revenue recognition method for prepaid cards

Delhi HC confirms ITAT order holding that the amount received by assessee (engaged in providing basic telecom services) on sale of prepaid cards to the extent of unutilized talk time

Dec 11,2018

HC: Upholds wealth tax on urban land; Development permission requirement only a restriction, not prohibition

Bombay HC confirms ITAT order, upholds wealth tax liability on urban land, construction on which requires permission from Competent Authority under Tamil Nadu Town Planning Act; Rejects assessee's contention that

Dec 11,2018

HC: Trust utilizing minuscule income for charitable purposes, irrelevant while renewing Sec. 80G recognition

Karnataka HC sets aside ITAT’s order holding that assessee-trust was ineligible for renewal of recognition u/s 80G , holds the issue whether funds were used for charitable purposes can be

Dec 07,2018

HC: Allows Sec 54 benefit on flats received as part of residential property sales consideration

Bombay HC upholds ITAT order, allows exemption u/s 54 to individual assessee for flats received as part of consideration for sale of residential property for AY 2007-08; Notes that assessee

Dec 06,2018

HC: Co-op. credit society’s sale under Government’s Public Distribution System qualifies for Sec. 80P benefit

Madras HC reverses ITAT's order, grants deduction u/s. 80P(2)(a)(i) to assessee (a society engaged in the business of banking and providing credit facilities to its members) on income earned from

Dec 04,2018

HC: Upholds ITAT, exemption u/s 10(23C)(iiiab) is qua society, not qua individual institution

Bombay HC allows benefit u/s 10(23C)(iiiab) to assessee-trust having multiple education institutions under common umbrella for AY 2008-09 even though some of the individual institutions did not fulfill requirement u/s

Nov 30,2018

HC: Upholds grossing-up for TDS purpose under India- UK DTAA

Madras HC holds that assessee is required to gross-up the amount of fees for technical services (FTS) paid to UK based university, for the purpose of deducting TDS under India-UK

Nov 30,2018

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