Weekly DT Digest

SC: Dismisses SLP; HC-appeal limitation period begins even if non-jurisdictional 'commissioner' receives ITAT order

SC dismisses Revenue’s SLP against Delhi HC judgement; HC had ruled that the words ‘the Principal Chief Commissioner

May 04,2018

SC: Dismisses assessee's SLP; 'Change of opinion' concept inapplicable when return accepted u/s 143(1)

SC dismisses assessee’s SLP against Ahmedabad HC order reversing ITAT ruling and holding the notice for reopening of

Apr 27,2018

ITAT: Activities for promoting Lord Krishna consciousness facilitate trust's objectives, grants Sec u/s 11 exemption

Mumbai ITAT dismisses Revenue’s appeal and allows exemption u/s 11 to assessee-trust during AY 2009-10, rules that activities

Apr 27,2018

ITAT: Payment for services involving evaluation of LNG vaporizers not FIS under India-US DTAA

Delhi ITAT holds that services provided by US entity did not make available technical knowledge, skill, know-how etc

Apr 27,2018

ITAT: Export commission to non-resident agents not taxable even post Circular 7/2009

Agra ITAT deletes disallowance u/s 40(a)(i) for export commission paid to foreign agents without deducting tax during AYs

Apr 20,2018

HC: Demand on property purchaser towards defaulter seller's tax-dues, justified; Invalidates sales transaction

Rajasthan HC dismisses assessee’s writ against Tax Recovery Officer's (TRO) order raising demand against purchaser assessee, holds sale

Apr 20,2018

ITAT: Sets aside re-opening u/s. 148 for assessing rental income in Trust’s hands

Cochin ITAT sets-aside re-assessment assessing the rental income in the hands of assessee-trust (a family trust with 14

Apr 20,2018

ITAT: Lease rental not capital expenditure despite lease period exceeding 12 years, allows deduction

Mumbai ITAT deletes disallowance of lease rentals for AY 2006-07, holds that rentals paid on leasehold land cannot

Apr 20,2018

ITAT: Deletes unaccounted cash sale receipts addition on a mining company

Bangalore ITAT deletes addition on account of unaccounted cash sale receipts (of over Rs. 40 cr.) and bogus

Apr 20,2018

ITAT: Payments to US- entity for providing support services from outside India, not taxable

Mumbai ITAT deletes disallowance u/s 40(a)(i), rules that TDS u/s. 195 not applicable  on payments made by assessee-company

Apr 20,2018