HC: Section 153C 2015-amendment, prospective; Quashes search assessment proceedings

Gujarat HC rules that the 2015 amendment to Sec. 153C is prospective and not retrospective, quashes proceedings u/s. 153C initiated based on amended provision in a bunch of cases and

Jun 14,2019

HC: Legal representative's non-intimation regarding assessee's death, cannot invalidate AO's assessment orders

Madras HC dismisses petitioner's(the legal representative, deceased assessee's son) appeal for AY's 1995-96 and 1996-97, upholds ITAT order directing AO to pass fresh assessment orders in the name of the

Jun 14,2019

HC: TDS not applicable on service-tax component of insurance commission payment to agents

Bombay HC dismisses Revenue's ground, confirms ITAT-order holding that tax is deductible from payment of net insurance commission to agents by assessee (Insurance company) after excluding the service tax component

Jun 13,2019

HC: Upholds launching of prosecution for TDS default, pending determination of liability u/s. 201

Karnataka HC upholds launch of prosecution proceedings u/s.276B against petitioner [a real estate co.] for failure to deposit the TDS deducted to the account of Central Government within the prescribed

Jun 10,2019

HC: Restores back proceedings to AO to re-consider Taxpayer's defective return claims

Karnataka HC restores back proceedings to the AO to re-consider assessee-individual's additional claims made in revised return filed belatedly beyond Sec.139(5) due-date (in a case where the original return itself

Jun 07,2019

HC: Upholds ITAT; No income accrual due to service-recipient's precarious financial condition

Bombay HC upholds ITAT order for AY 2002-03, deletes income addition of Rs. 85 cr. in the hands of assessee (a US company) despite invoices raised and services rendered to

Jun 06,2019

HC: Quashes re-assessment absent any failure of assessee to explain the loan amount appearing in balance-sheet

Delhi HC quashes re-assessment notice u/s 148 issued beyond 4 years during AY 2011-12 since there was no failure of assessee to disclose fully and truly all material facts in

May 31,2019

HC: Disallows interest u/s 36(1)(iii) for new unit; Rejects 'expansion' of existing business claim

Madras HC upholds ITAT's order disallowing interest on funds borrowed for new unit started by assessee, rejects assessee's contention that it was only an expansion of existing unit; HC notes

May 24,2019

HC: Dismisses writ challenging selection process for recruitment of ITAT members

Delhi HC dismisses writ petitions challenging the selection procedure followed by the Search and Selection Committee (SCSC) for recruitment of post of ITAT members; SCSC decided to consider only complete

May 22,2019

HC: Allows manual return to claim loss carry forward considering Yokogawa ruling

Delhi HC directs CBDT to either allow assessee (claiming Sec.10AA deduction) to file ROI manually or alter online utility to enable assessee to file return claiming the carry forward of

May 20,2019