HC

HC: Upholds Article 8 relief on Lufthansa & KLM's "pool" receipts; Distinguishes British Airways ratio

Delhi HC holds that profits earned by assessees (international airlines, KLM Royal Dutch and Lufthansa German) from providing technical services to other airlines is not taxable in India under Articles

Jan 31,2017

HC: Chinese telecom co's receipts for supply of ‘embedded-software’, not royalty

Delhi HC upholds ITAT order, consideration received by assessee (a Chinese telecom company) for supply of software to Indian companies, not royalty for AYs 2004-05 to 2009-10; Rejects Revenue’s stand that

Jan 27,2017

HC: Software purchase payments by a software-dealer, not royalty; Sec 194J TDS inapplicable

Madras HC dismisses Revenue’s appeal for AY 2011-12, domestic software purchase payments by assessee (an Indian company engaged in buying and selling software), not royalty, Sec 194J TDS not applicable;

Jan 24,2017

HC: Power to grant/refuse 'compounding application', discretionary; CBDT's 'eligibility criteria', a mere guidance

Delhi HC allows assessee’s writ, sets-aside Chief Commissioner’s order refusing to consider assessee’s compounding application u/s 279(2); Pursuant to prosecution launched u/s 276B for failure to deposit TDS amount deducted

Jan 20,2017

HC: Sets-aside ITAT order dismissing rectification application in breach of Tribunal-Rules

Bombay HC allows assessee’s (club) writ for AY  2009-10, sets aside ITAT order dismissing assessee’s application for rectification of order passed u/s 254(1);  Notes that ITAT’s order which was subject to rectification (dated Feb. 3,2016)

Jan 19,2017

HC: Upholds deletion of unexplained income u/s 68 absent intensive investigation by AO

Delhi HC dismisses Revenue’s appeal for AY 2001-02, upholds deletion of sums brought to tax by the AO u/s 68; Notes that the assessee had furnished large amounts of materials

Jan 18,2017

HC: ‘Conclusive’ Settlement Commission order doesn't debar CIT's challenge, allows Revenue's writ petition

Kerala HC allows Revenue's writ petition, sets aside Settlement Commission’s final order passed u/s 245D, HC rejects assessee’s stand that CIT, being a mere adjudicating-authority under the Act, cannot challenge

Jan 18,2017

HC: Kerala HC upholds constitutional validity of Sec. 234E; Provision not onerous as Sec.200A intimation appealable

Kerala HC dismisses assessee-deductor’s writ challenging the constitutional validity of Sec. 234E [levying mandatory fee for delay in filing TDS returns]; Rejects assessee’s stand that  there is no element of 'quid pro quo' for

Jan 18,2017

HC: Allows investment allowance u/s32A on machinery leased despite no “actual-use” by assessee

Bombay HC dismisses Revenue’s appeal for AY 1986-87, holds that assessee (a financial institution engaged in leasing of machinery) was entitled to claim investment allowance u/s.32A on the value of

Jan 13,2017

HC: Upholds Sec 271(1)(c) penalty deletion for wrong loss set-off claim based on CA opinion

Punjab and Haryana HC upholds ITAT order deleting penalty u/s 271(1)(c) for AY 2004-05; During relevant AY, assessee had incorrectly claimed set-off of its income based on a legal opinion

Jan 06,2017

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