HC

HC: Directs ITSC to consider settlement application on merits for 'comprehensive' examination of matter

Delhi HC quashes rejection of assessee’s settlement application before ITSC, directs ITSC to consider assessee's application on merits; Holds that ITSC had rejected assessee's settlement application on a wrong premise, holds that a) No

Oct 18,2017

HC: No Sec. 194J TDS on payments by Bus stand management authority to State corporation

Himachal Pradesh HC upholds ITAT order holding that payments in the nature of salary reimbursements by assessee i.e. H.P. Bus Stand Management Development Authority, to Himachal Pradesh Road Transport Corporation

Oct 18,2017

HC: Shoots down ITAT's "misdirected" missile at CAs/ICAI; Condones enormous appeal filing delay

Bombay HC overrules ITAT ruling, condones delay of over 8 years by assessee in filing an appeal against the CIT(A) order before the ITAT; Based on the review of case

Oct 12,2017

HC: Confirms Sec 263 revision on ​Virbhadra Singh's HUF for disproportionately high agricultural income

Himachal Pradesh HC upholds ITAT order, affirming CIT’s revision u/s 263 in case of Hindu Undivided Family (HUF) of Virbhadra Singh for AY 2010-11, holds that AO failed to apply

Oct 12,2017

HC: Distinguishes between power 'to do' and 'redo'; Limitation u/s 153 inapplicable to remand proceedings

Madras HC sets-aside re-assessment order for AY 2012-13 in case of assessee (a real estate company), remits matter back to AO for passing speaking order on the objections against re-opening

Oct 10,2017

HC: Pre-operative interest on FDR kept for LC, taxable; Follows Tuticorin

Rajasthan HC rule in favour of Revenue, holds that interest earned on Fixed Deposit Receipts (FDRs) used as borrowing margin money for funds used for setting up the business was taxable

Sep 29,2017

HC: Dismisses assessee’s writ; Upholds case transfer u/s. 127 to facilitate co-ordinated investigation

Gujarat HC dismisses assessee’s writ, upholds Pr. CIT’s order transferring assessee’s case from Ahmedabad to Moradabad to facilitate coordinated investigation in search and seizure cases involving group companies, relies on

Sep 29,2017

HC: Applies strict interpretation, duty paid but proof not submitted results in Sec 43B disallowance

Allahabad HC sets-aside ITAT order for AY 1997-98, rules that Sec. 43B deduction not allowable absent furnishing of evidence for payment of excise duty by assessee (a cooperative society), even though payment ​was ​made before

Sep 29,2017

HC: Disregards need to distinguish between capital and revenue expenditure while allowing deduction u/s. 35(2AB)

Delhi HC holds that assessee-manufacturer entitled to weighted deduction u/s.  35(2AB) in respect of entire in-house R&D expenditure incurred during AY 2009-10, without bifurcating the same into revenue and capital

Sep 29,2017

HC: Rejects Revenue's 'inequitable' stand to sit-on refund application until assessment conclusion

Gujarat HC holds that mere issuance of notice u/s. 143(2) & claiming extended period for processing of refund u/s. 143(1) would not be sufficient to withhold tax refund for AYs

Sep 29,2017

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