HC: Dismisses Revenue's appeals involving low tax effect, applies CBDT's recent circular

HC division bench comprising of Justice Ajay Tewari and Justice Harnaresh Singh Gill dismisses Department's appeals as "withdrawn" citing low tax effect, applies CBDT's recent circular (dated August 8, 2019)

Aug 23,2019

HC: Declines to entertain Genpact's writ challenging buyback tax demand, relegates to appellate remedy

Delhi HC declines to entertain Genpact India's [assessee] writ challenging demand raised by AO  u/s. 115QA [regarding buyback tax] in the assessment framed u/s. 143(3), directs assessee to file an

Aug 23,2019

HC: Sec 143(1) intimation, not 'order' for determining Rule 68B time-limit for attached properties sale

Gujarat HC rules that intimation/ acknowledgement u/s 143(1) cannot be construed as an order giving rise to a demand for the purpose of applicability of Rule 68B of the Second

Aug 23,2019

HC: “Illegal attachment & retention” by Revenue attracts interest payment, however Sec 244-A inapplicable

Punjab & Haryana HC allows petitioner-assessee's writ seeking interest for wrongful retention of its amount, however, rules that “The provision of interest in Section 244-A of the Income Tax Act

Aug 21,2019

HC: Denies deduction u/s. 80IB(7)(a) to hotel on saloon section income absent 'direct nexus'

Allahabad HC upholds ITAT order, denies deduction u/s. Sec.80IB(7)(a)[providing for deduction for an undertaking deriving profit from the business of hotels] on the income from the saloon section by the assessee-hotel,

Aug 21,2019

HC: Allows extended limitation period for completing assessment pursuant to Settlement application rejection u/s. 245D(4)

Delhi HC rules on the impact of abatement of proceedings before Settlement Commission [ITSC] on the 'limitation period' for completion of search assessment u/s. 153A; Upholds validity of notices issued u/s 143(3) r.w.

Aug 20,2019

HC: Waives Sec. 234C interest; Resulting co. can't anticipate 'advance-tax' liability pending demerger scheme approval

Bombay HC grants Sec. 234C interest waiver to assessee [a subsidiary of Grasim Industries Ltd.]  for advance tax default for AY 2010-11, holds that “the Commissioner committed a serious error

Aug 16,2019

HC: Sets-aside AO's order levying tax on compensation interest received by Petitioner owing to motor accident

Bombay HC sets-aside AO's order levying tax on the interest component of the compensation (determined nearly after 36 years) awarded to the petitioner-assessee till the date of the judgment of

Aug 16,2019

HC: Investment in Indian subsidiary's shares, no 'reason' for re-assessing Nestle SA

Delhi HC quashes re-assessment notice issued u/s. 148 [beyond 4 years period] on a Swiss Co. [assessee] for AY 2011-12; Assessee was identified as a non-filer in the NMS category,

Aug 14,2019

HC: 'Software-generated' assessment order on deceased assessee, not curable defect u/s. 292-B

Madras HC quashes assessment order u/s.143(3) passed in the name of deceased-assessee, directs AO to “redo the assessment” on merits after putting the writ-petitioner [legal heir & son of deceased-assessee]

Aug 13,2019