HC

HC: Upholds ITAT order quashing invocation of Sec.153A; Applies Kabul Chawla ratio

Delhi HC upholds ITAT order holding that invocation of Sec. 153A by Revenue for AYs 2000-01 to 2003-04 was without any legal basis in the absence of incriminating material qua

May 26,2017

HC: Upholds Sec. 10A/10AA claim for providing travel reservation facility access; Rejects ‘no export’ plea

Delhi HC approves ITAT order allowing Sec. 10A deduction to Amadeus India (assessee, a 100% EOU engaged in rendering ITeS data processing services to Amadeus Spain) for AY 2009-10, notes

May 25,2017

HC: Denies interest-waiver u/s. 220(2); Rejects ‘genuine hardship’ plea of taxpayer belonging to ‘profitable’ MNC

Delhi HC dismisses assessee’s writ petition (assessee being a US company having an India branch which is engaged in contract research activities) against CIT's rejection of interest waiver application u/s

May 20,2017

HC: Sec.80HHD not analogous with Sec.80HHC, allows deduction without reducing ineligible hotel’s losses

Madras HC upholds ITAT order for AY 1998-99, holds that while computing 'eligible profit' for allowing deduction u/s 80HHD(1) (available to companies running hotels) loss from ineligible units/hotels cannot be

May 19,2017

HC: Grants charity exemption to VHP despite belated audit report filing, distinguishes Congress ruling

Delhi HC upholds charity exemption u/s. 11 to Vishwa Hindu Parishad (assessee, 'VHP') for AY 1993-94 despite assessee’s failure to comply with mandatory condition u/s. 12A(b) of filing of audit report;

May 16,2017

HC: Rejects export commission re-characterization as royalty; Export agreement not tax-avoidance device

Delhi HC upholds ITAT order, export commission payment by assessee-company [engaged in manufacture and sale of motorcycles using technology licensed by Honda Motor Co. Ltd., Japan (‘HMCL’]) to HMCL, neither

May 11,2017

HC: Upholds ITAT; Reimbursement of seconded employees’ salary to NR, not FTS

Bombay HC upholds ITAT order for AY 2010-11, payment by Marks and Spencer Reliance India Pvt. Ltd. (assessee, a JV company between Marks & Spencer and Reliance) to Marks & Spencer

May 10,2017

HC: Loss on foreign cars sale deductible u/s 32(1)(iii) as business loss; Sec. 50 inapplicable

Madras HC reverses ITAT order for AYs 1999-2000 and 2000-01, categorizes loss arising on sale of foreign cars as business loss in the hands of assessee (a shipping agent) , rejects invocation of

May 09,2017

HC: 15% demand payment not pre-condition for stay application, AO misread CBDT's 2016 instruction

Gujarat HC allows assessee-individual’s writ, sets-aside AO’s as well as Pr. CIT’s orders rejecting assessee’s stay of demand petition; AO rejected assessee’s stay application on the ground assessee was required

May 05,2017

HC: Reverses SB-ruling, interest on disputed arbitration deductible despite subsequent stay / on-going litigation

Delhi HC sets-aside ITAT special bench (‘SB’) ruling denying deduction to assessee for interest payable on account of disputed arbitration award for AYs 2001-02 & 2002-03;  SB had denied deduction

May 03,2017

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