HC

HC: Prescribes four guidelines for Revenue on re-assessments; Quashes Sec 147-proceedings on share issue

Delhi HC quashes Sec. 148 proceedings (initiated beyond 4 years period) on assessee–company (engaged in the real estate business) for AY 2008-09; AO had recorded reasons that the five companies that subscribed

Sep 28,2017

HC: Grants relief to Vedanta; 'Vagaries of litigation' irrelevant for asset transfer pre-approval u/s 281

Goa bench of Bombay HC sets aside AO’s order rejecting Vedanta’s prior permission request u/s Sec. 281(1) (applicable before effecting an asset transfer or creating a charge thereon); HC refers to Sec. 281

Sep 28,2017

HC: Refuses Sec. 234C waiver plea; Income stands accrued on passing of favourable SC-order

Karnataka HC dismisses assessee company’s (a wholly owned subsidiary of Canara Bank) writ, upholds Chief Commissioner’s order u/s. 119 denying waiver of interest u/s. 234C for the quarter ending September 15,

Sep 27,2017

HC: Quashes assessment; Limitation u/s 153(2A) applicable despite ITAT's remand covered only few issues

Delhi HC quashes assessment order passed pursuant to ITAT's remand in case of Nokia India (‘assessee’) for AY 2007-08, holds that the order was barred by limitation u/s. 153(2A) [which

Sep 26,2017

HC: Upholds reopening to probe 'bogus purchases' revealed through IT-Department investigation

Gujarat HC dismisses assessee's writ, upholds reopening for AY 2009-10 (beyond 4 years period) based on fresh material unearthed by the IT Department through the investigation wing indicating that purchase

Sep 19,2017

HC: Reverses ITAT; Contracts receipts, not JV-company's income, but diversion by overriding title

Jammu and Kashmir HC reverses ITAT order and rules in favour of assessee (a JV company) for AY 2005-06, railway contract receipts of over Rs. 12 cr. not income of

Sep 19,2017

HC: Mere PAN allotment u/s 139A doesn't make allottee a separate taxable entity

Gujarat HC holds that mere allotment of PAN u/s 139A would not make an allottee a separate entity for the purpose of assessment of tax, HC disposes-off assessee-society's appeal for

Sep 18,2017

HC: Upholds 2007 amendment preponing settlement proceedings' tax payments; Abatement restricted to "default" years

Gujarat HC upholds the constitutional validity of Sections 245D(2A), 245D(2D) and 245HA (which introduced payment of additional tax with interest at the time of filing of Settlement application itself) inserted

Sep 16,2017

HC: Rejects society's Sec 12AA registration claim from original application date; Reverses ITAT ruling

Allahabad HC sets-aside ITAT order, grants registration u/s. 12AA to assessee-society with effect from April, 2004 (date of filing fresh application) and not from  the date of original application u/s.

Sep 15,2017

HC: Dismisses challenge to Settlement Commission order holding NR-entities non-taxable on equipment supply

Calcutta HC dismisses Revenue’s writ challenging Settlement Commission order for AYs 2004-05 to 2009-10 wherein it was held that non-resident entities [assessees, not having PE in India] were not liable to tax

Sep 14,2017

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