HC

HC: CBDT instruction doesn’t oust AO’s discretion in stay matters; Allows taxpayer’s writ

Madras HC allows assessee’s writ, sets aside order passed by AO directing assessee to pay 20% of outstanding demand in view of CBDT Office Memorandum of July 2017 and rejecting assessee's

Oct 05,2018

HC: Condemns Department for ‘unpleasant state of affairs’; Calls for dedicated legal team

Bombay HC condemns Revenue officials for the unpleasant state of affairs prevailing in the Department, warns that “it is time, the Revenue officers inculcate a discipline and set their house

Oct 03,2018

HC: Upholds prosecution proceedings initiation; Assessee to prove 'no willful default’ during Trial

Jammu & Kashmir HC dismisses assessee’s writ, upholds prosecution proceedings  initiation u/s 276-C/277 against assessee-individual (proprietor of a Finance co.) for wilful attempt to conceal the particulars of income with a

Oct 03,2018

HC: Rejects petitioner’s interim prayer for submitting returns without Sec. 234A interest payment

Kerala HC rejects petitioner’s interim prayer to submit returns within the extended due-date of October 15th without insistence of interest payment u/s. 234A; Opines that the matter requires further consideration and

Oct 02,2018

HC: Deletes penalty levy on infrastructure co. claiming depreciation on highway project cost

Delhi HC upholds ITAT order and deletes penalty u/s 271(1)(c) on assessee-company (engaged in developing national highway) during AYs 2009-10 to AY 2013-14 for making depreciation claim on highway project

Sep 28,2018

HC: Upholds CIT’s revision, disallows hawala purchases based on VAT Dept info

Bombay HC upholds CIT’s revisionary proceeding u/s 263 during AY 2011-12 since the AO had failed to enquire about non-genuine purchases made by the assessee even though very reliable and

Sep 28,2018

HC: Holds PILCOM as agent of foreign Cricket Boards regarding 1996 World Cup receipts

Calcutta HC reverses ITAT order and rules in favour of Revenue for AY 1996-97, holds PILCOM as agent of Non-Resident Cricket Boards in relation to 1996 World Cup receipts; Pursuant

Sep 28,2018

HC: Explains income diversion vs. application; Diverting major liquor profits to DIAGEO constitutes BEPS

Karnataka HC reverses ITAT order and rules in favour of Revenue, holds that the ‘distributable surplus’ paid to Indian subsidiary of UK based Liquor Conglomerate (‘DIAGEO’) under the Agreement whereby

Sep 26,2018

HC: Amount remaining with agent after dispute settlement with principal, taxable trading receipt

Kerala HC upholds ITAT order, rules that balance remaining with assessee-agent after settlement of accounts with the Principals upon agency termination and after deducting the expenses incurred, constitutes trading receipts u/s 28(ii)(c)

Sep 25,2018

HC: Settlement application allowed ‘to be proceeded with’ no bar from criminal proceedings initiation

Delhi HC upholds ongoing criminal proceedings against assessee-individual on the strength of sanction for prosecution u/s. 279 accorded by the DIT (Investigation); Rejects assessee’s stand that once the Settlement Commission

Sep 22,2018

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