HC

HC: Impact/success of research activities not relevant for Sec 35(1)(ii) approval to universities

Delhi HC sets-aside Revenue's order rejecting approval u/s 35(1)(ii) to the assessee-university, disagrees with Revenue's ground for rejection that research activities were undertaken by students as a part of the

Apr 29,2019

HC: Agrees with Delhi HC that retrospective amendments to Sec 9(1)(vi) not merely clarificatory

Bombay HC dismisses Revenue's ground against ITAT order holding that transponder charges paid to non-resident is not taxable as royalty u/s 9(1)(vi); Notes Revenue's ground that ITAT had followed Delhi

Apr 26,2019

HC: Services relating GDR issue not utilized in India; Rejects FTS taxability

Bombay HC upholds ITAT order, rules that payment made by assessee (a Scheduled Bank in India) to a Bank in the  Middle East towards services in relation to issuance of

Apr 26,2019

HC: Rules on accrual of 'Liquidation damages' liability arising on iron-ore extraction contract termination

Bombay HC upholds ITAT's order for AYs 2011-12 and 2012-13, allows deduction to assessee-individuals(engaged in the business of extraction and sale of iron ore) for liquidated damages paid for cancellation

Apr 26,2019

HC: 'Front End Fees' to Bank constitutes 'interest' eligible for amortization; Follows Madras Industrial Ratio

Calcutta HC sets aside ITAT order, holds that assessee-company's 'front end fees' payment to bank / financial institution for obtaining a new loan, constitutes part of interest u/s.2(28A) for AY

Apr 23,2019

HC: Sets aside CBDT policy incentivizing CIT(A) for passing Revenue favourable orders

Bombay HC holds CBDT policy to reward CIT(A) for orders passed in favour of Revenue to be impermissible and invalid, sets aside relevant portion of Central Action Plan providing incentive

Apr 22,2019

HC: Mortgage discharge in connection with property sale - not income diversion; Denies deduction u/s. 48

Madras HC upholds ITAT order and denies deduction u/s. 48 to assessee-individual with respect to amount paid towards discharge of mortgage in connection with a property sale during AY 1995-96,

Apr 22,2019

HC: Reverses ITAT; No deduction u/s. 37 for redemption fine payment on imports

Bombay HC reverses ITAT order and rules in favour of Revenue, holds that payment made by assessee-individual to export house towards redemption fine with regards to import of almonds not allowable

Apr 18,2019

HC: Service tax receipt not consideration for services; Excludes from presumptive taxation u/s. 44BB

Uttarakhand High Court (Full Bench) rules in favour of assessees (non-resident companies engaged in executing contracts in connection with exploration and production of mineral oils) in a batch of matters;

Apr 17,2019

HC: 'On spot control' - not sole criteria to decide employer-employee relationship in deputation

Bombay HC dismisses Revenue's appeal, holds that payment to employee deputed to foreign company is in the nature of salary and thus, TDS u/s.195 is inapplicable; Assessee had entered into

Apr 17,2019

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