HC: Reverses ITAT; Grants dual deduction u/s 80-IA & 80HHC to manufacturer pre-1999 amendment

Bombay HC reverses ITAT order for AY 1997-98, allows assessee-manufacturer’s claim of double deduction under Sections 80IA and 80HHC in respect of its two new factories;  During relevant AY, assessee

Jul 18,2018

HC: Treats subsequent re-assessment notice invalid absent express withdrawal of first notice

Gujarat HC holds fresh re-assessment notice issued in March, 2017 on assessee (a share broking company) as invalid absent formal withdrawal of first notice of reopening by AO for AY

Jul 17,2018

HC: Upholds ITAT; Deletes penalty u/s. 271(1)(c) for making wrong ‘write-off’ claim

Delhi HC upholds ITAT order, deletes penalty levy u/s. 271(1)(c) on assessee-company for making wrong ‘write-off’ claim for AY 2008-09; Penalty proceedings were initiated with respect to write-off of capital

Jul 16,2018

HC: Delayed employee-PF contribution not deductible; Merchem ruling doesn't require reconsideration

Kerala HC upholds ITAT order for AY 2008-09, denies deduction to assessee-employer for belated payment of employees' contribution to PF/ESI beyond the PF Act due-date, follows co-ordinate bench ruling in Merchem

Jul 13,2018

HC: Quashes order of attachment passed in name of assessee’s deceased son

Madras HC quashes order of attachment of property passed in the name of assessee’s deceased son who died in June 2017; States that though assessee had settled the property in

Jul 13,2018

HC: AO can entertain claim of erroneous deduction without revised ROI, relies on NTPC

Kerala HC holds that AO can entertain assessee’s claim of deduction u/s 80G, despite erroneously claimed u/s. 37 and no revised return filed making the correct claim, however, on merits

Jul 13,2018

HC: Denies deduction for acquiring film distribution rights absent revenue realization on exhibitions

Kerala HC upholds ITAT order for AY 2004-05, denies deduction for expenditure incurred by assessee-company on acquisition of distribution rights on three Malayalam films, as there was no exhibition of

Jul 13,2018

HC: ITAT order consolidating appeals 'unreasoned'; Passes strictures on Department Representative

Delhi HC stays operation of the order of ITAT President consolidating various cases, calls it as ‘utterly unreasoned’; HC notes that ITAT had consolidated several appeals which apparently did not

Jul 12,2018

HC: Gives 'second-chance' to compound offense; Compounding fees prevalent while filing application relevant

​Andhra Pradesh and Telangana HC rejects assessee-petitioner’s plea that reduced compounding fee @ 3% ​is applicable in view of the revised CBDT guidelines of December 2014, ​holds that guidelines that

Jul 11,2018

HC: Allows petitioner's return uploading without Aadhaar upto June 30th considering PAN-Aadhaar linking extension

Bombay HC grants interim relief to petitioner-assessees, directs Revenue to accept assessees’ income-tax returns for AY 2018-19 without indicating Aadhaar no. / Aadhaar enrolment no. and / or linking with

Jul 10,2018