HC

HC: Denies Sec.80-IC deduction on FD interest despite assessable as business income

Uttarakhand HC denies Sec. 80-IC deduction to assessee-undertaking (engaged in manufacturing electric meters) during AY 2009-10 with respect to interest earned on fixed deposit with bank, rules that Sec.80-IC benefit

Nov 28,2017

HC: Revision Petition u/s 264 maintainable, not availing appeal remedy no bar for availing right u/s. 264

Delhi HC allows non-resident assessee’s writ for AY 2012-13, holds revision petition u/s 264 maintainable; HC notes that the assessee had offered income u/s 44BB whereas AO taxed it as

Nov 24,2017

HC: Income from licensing fully established running hotel, business income for hotel operator

Kerala HC reverses ITAT order for AY 2005-06, holds license fee received by assessee (operating hotels) for giving the hotel along with furniture and fixtures on license, taxable as 'business

Nov 22,2017

HC: Judges split over non-discrimination benefit, requirement to examine PE-status for TDS u/s 195

Delhi HC judges differ on the interplay between Sec 40(a)(i) expense disallowance for Sec. 195 TDS default on payment by assessee (Mitsubishi India, ‘MI’) to group companies (based in Japan,

Nov 21,2017

HC: No immunity from summoning u/s. 131 to Honorary Consulate of Republic of Ethiopia

Karnataka HC dismisses assessee-individual’s  (a doctor by profession and a director in one company) challenge to summons issued by AO u/s. 131 in respect of the assessment of a company

Nov 21,2017

HC: Quashes AO's 'discriminatory' re-opening proceedings against ex FM Chidambaram, family

Madras HC quashes reassessment proceedings (initiated beyond 4 years) in case of P. Chidambaram and his family members (‘assessees’) for AY 2009-10, holds it a case of mere ‘change of

Nov 17,2017

HC: Larger Bench: CBDT's appeal filing limit binds Department, notwithstanding favourable SC ruling on issue

Rajasthan HC (Larger Bench), ruling through Justice Inderjeet Singh and Justice K S Jhaveri (majority view), holds that the Department cannot file appeals or insist for arguing matters on merits,

Nov 16,2017

HC: Channel placement fees and subtitling charges subject to TDS u/s 194C, not Sec. 194J

Bombay HC dismisses Revenue's appeal, holds that carriage fees or placement fees paid by assessee (engaged in broadcasting television channels) to cable operators during AY’s 2008-09 to 2011-12, for placing

Nov 16,2017

HC: Condones delay for investing capital-gains in infrastructure bonds beyond prescribed period u/s. 54EC

Karnataka HC sets aside CBDT’s order refusing condonation of delay u/s 119(2)(b) for investing capital gains arising on sale of the immovable property in the Infrastructure Bonds as per Sec.

Nov 15,2017

HC: Refuses tax recovery from funds acquired by assessee through fraud, cites trust law

Delhi HC dismisses AO’s application u/s. 226(4) for adjustment of money lying in the bank account of assessee (a partnership firm engaged in accepting deposit from public and offering return on

Nov 14,2017

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