HC

HC: Upholds penalty; Sale & lease back transaction, 'hurriedly planned act' to claim 100% depreciation

Madras HC upholds penalty levy with respect to depreciation disallowance on machinery for AY 1996-97, holds that assessee-lessor had entered into a sale cum lease back transaction to conceal a

Oct 09,2018

HC: Imposes Rs. 1.5 lakh cost on Revenue officer for raising demand without valid notice to assessee

Bombay HC imposes cost of Rs. 1.5 lakh on Revenue officials for irreverently adjusting refund due to assessee against the demand raised, without serving notice of demand on assessee; A

Oct 08,2018

HC: Directs CBDT to respond on further due-date extension & Sec. 234A interest waiver

Rajasthan HC directs CBDT to decide on two aspects – i) extension of due date for filing tax audit report and return by another 15 days and ii) extension of

Oct 05,2018

HC: Taxpayer entitled to pursue revision u/s. 264 after getting appeal dismissed as withdrawn

Madras HC holds assessee's writ against CIT's order u/s. 264, maintainable, rejects Revenue’s contention withdrawal of appeal would dis-entitle assessee to go for revision u/s 264; During AY 2008-09, assessee sold agricultural

Oct 05,2018

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

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