HC: Quashes cancellation of Tata Tele’s ‘Nil’ TDS certificate u/s. 197 by non-speaking order

Bombay HC allows Tata Teleservices (Maharashtra) Limited’s (‘assessee’) writ, quashes order of TDS authorities cancelling Sec. 197 certificate of nil deduction of tax issued to assessee, takes note of reason

Jan 31,2018

HC: CBDT's 2014 guidelines on compounding of offence, not arbitrary; Imposes cost on taxpayer

Delhi HC dismisses assessee’s challenge to imposition, legality and validity of compounding fee charged u/s. 279 under CBDT guidelines dated December 23, 2014, confirms levy of compounding fees of Rs. 69.75

Jan 30,2018

HC: Grants benefit of presumption u/s. 132(4A), allows expense deduction to extent of seized documents

Kerala HC allows assessee's (engaged in the business of real estate) claim of property development expenditure to the extent of the cheque payments as disclosed from the documents seized during search-seizure operation u/s. 132,  grants benefit of

Jan 25,2018

HC: No Sec. 234B interest levy on payee where deductor paid tax with interest u/s. 201

Madras HC sets aside Settlement commission order, holds that assessee (an employee of a multinational company) not liable for interest u/s 234B in respect of salary received outside India, accepts

Jan 24,2018

HC: Deletes Sec. 234B interest on reassessment demand despite refund of advance-tax on regular assessment

Kerala HC upholds ITAT's deletion of interest charged u/s. 234B(3) for AY 1992-93, but rejects ITAT's reasoning that  if there is no interest payable under sub-section (1) of Sec. 234B

Jan 23,2018

HC: Upholds penalty levy in absence of ‘bonafide’ explanation substantiating source of unexplained income

Kerala HC reverses ITAT order, upholds levy of penalty on assessee-individual under Explanation 1[B] to Sec. 271(1)(c) for not producing substantiating material with respect to the source of  unexplained income

Jan 19,2018

HC: Investment before extended return filing due-date u/s 139(4) eligible for capital gains exemption

Rajasthan HC upholds ITAT order, allows capital gains relief u/s. 54B and Sec. 54F to assessee-individual for AY 2010-11 for depositing the un-utilized net sale consideration  in the capital gain account scheme

Jan 18,2018

HC: Revenue Officers get tongue-lashing for 'unholy' desire to multiply litigations; Exemplary costs imposed

Karnataka HC dismisses Revenue’s writ with 'exemplary' cost of Rs. 50,000 each, to be paid personally by  2 Principal CITs & an ACIT, for their irresponsible & unfair behaviour in filing

Jan 16,2018

HC: Allows indefinite carry forward for pre-2002 unabsorbed depreciation; Follows General Motors (Guj HC)

Delhi HC confirms ITAT order and allows carry forward and set-off of unabsorbed depreciation relating to AYs prior to April 2002, beyond 8 years in AY 2010-11; Rejects Revenue’s stand

Jan 12,2018

HC: Legal representative liable to comply notice u/s 133(6) on behalf of deceased assessee

Karnataka HC dismisses petitioner’s (wife of a deceased assessee) writ challenging the notice issued u/s 133(6) on her deceased husband to explain the credit entry of Rs.95.83 lakhs in the

Jan 12,2018