HC

HC: Quashes AO's 'discriminatory' re-opening proceedings against ex FM Chidambaram, family

Madras HC quashes reassessment proceedings (initiated beyond 4 years) in case of P. Chidambaram and his family members (‘assessees’) for AY 2009-10, holds it a case of mere ‘change of

Nov 17,2017

HC: Larger Bench: CBDT's appeal filing limit binds Department, notwithstanding favourable SC ruling on issue

Rajasthan HC (Larger Bench), ruling through Justice Inderjeet Singh and Justice K S Jhaveri (majority view), holds that the Department cannot file appeals or insist for arguing matters on merits,

Nov 16,2017

HC: Channel placement fees and subtitling charges subject to TDS u/s 194C, not Sec. 194J

Bombay HC dismisses Revenue's appeal, holds that carriage fees or placement fees paid by assessee (engaged in broadcasting television channels) to cable operators during AY’s 2008-09 to 2011-12, for placing

Nov 16,2017

HC: Condones delay for investing capital-gains in infrastructure bonds beyond prescribed period u/s. 54EC

Karnataka HC sets aside CBDT’s order refusing condonation of delay u/s 119(2)(b) for investing capital gains arising on sale of the immovable property in the Infrastructure Bonds as per Sec.

Nov 15,2017

HC: Refuses tax recovery from funds acquired by assessee through fraud, cites trust law

Delhi HC dismisses AO’s application u/s. 226(4) for adjustment of money lying in the bank account of assessee (a partnership firm engaged in accepting deposit from public and offering return on

Nov 14,2017

HC: Explains law on hearing opportunity in Sec 263 proceedings; Sets aside Cairn India's revision

Madras HC sets aside DIT’s revisionary order u/s. 263 in case of Cairn India (‘assessee’, engaged in oil and gas exploration) for AY 2004-05, remands matter back to DIT to

Nov 10,2017

HC: HC explains law on CIT's revisionary power, rules decisively in Revenue's favour

HC dismisses assessee's appeal challenging the revisionary power of CIT u/s 263 on the grounds that each of the issues which were sought to be re-opened, were subject matter of scrutiny

Nov 10,2017

HC: Dismisses writ seeking return filing without Aadhaar, rejects 'mis-reading' of SC's partial stay

Madras HC dismisses assessee's (individual) writ petition seeking permission for filing income-tax return without Aadhaar number as also the plea to direct the tax department not to initiate coercive action against the assessee ; Rejects assessee’s stand

Nov 09,2017

HC: Sec.80-IA benefit available once 30 units located in industrial park, commencement certificate irrelevant

Gujarat HC rules that the assessee-company (involved in setting up an industrial park) would be entitled to deduction u/s 80-IA once the minimum number of units in accordance with the Industrial Park

Nov 09,2017

HC: Upholds deletion of Sec. 40(A)(3) disallowance, cash purchases from individual agriculturist below prescribed-limit

Kerala HC upholds ITAT third member view holding no Sec 40A(3) disallowance for purchase of rice made in cash beyond the prescribed limit of Rs. 20,000; Observes that purchases from

Nov 08,2017

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