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

HC: Quashes re-assessment on Yum Restaurants, cites non-application of mind while recording reasons

Delhi HC allows Yum Restaurant’s writ, quashes re-assessment for AY 2006-07 (initiated beyond 4 years period);  Notes that assessee’s return was processed u/s. 143 (1) and not u/s. 143(3), therefore in  terms

Sep 14,2017

HC: Export commission to NR paid through Indian agent, taxable; Upholds Sec. 40(a)(i) disallowance

Madras HC confirms ITAT order, holds that commission paid by assessee-individual (engaged in garments exports) to an Indian agent on behalf of the foreign entity is taxable in India, confirms

Sep 13,2017

HC: Reverses ITAT; Urban development authority, not involved in ‘profiteering'; Grants Sec. 11 exemption

Gujarat HC reverses ITAT order, grants Sec. 11 exemption to assessee (a statutory body engaged in urban area development and township planning) for AY 2009-10, holds assessee’s activity not in the nature of trade,

Sep 11,2017

HC: Characterizes lease-rentals from composite letting of building with furniture/fixtures as ‘income from other sources’

Delhi HC holds that lease rentals from assessee’s composite  letting of building together wih fixtures, furnitures etc. assessable as ‘income from other sources’; For AY 2009-10, assessee contended that predominant

Sep 08,2017

HC: ‘Legal representative’ definition, inclusive; Rejects son’s plea of severed relationship with deceased father

Calcutta HC dismisses assessee-individual’s writ, refuses to interfere with the order passed by Tax Recovery officer (‘TRO’) u/s. 159 (which provides for proceedings against the legal representative of the deceased);

Sep 05,2017

HC: Reverses ITAT; Embezzlement loss allowable in year of ‘discovery', not ‘detection'

Jammu and Kashmir HC reverses ITAT order for AY 1997-98, rules that loss on account of embezzlement by employees was incidental to assessee’s banking business and should be allowed as

Sep 04,2017

HC: Upholds ITAT; Written back provisions and liabilities qualifies for Sec. 80HHC deduction

Kerala HC upholds ITAT order for AY 2000-2001, written back provisions and liabilities qualifies for Sec. 80HHC deduction; Notes that assessee-exporter included the written back provisions and liabilities in the

Sep 02,2017

HC: Interprets 'customised electronic data' liberally; Television news software export eligible for Sec. 80HHE benefit

Delhi HC allows Sec. 80HHE deduction to NDTV for AY 1999-00, rules that  television news software exported by assessee falls within the definition ‘customized electronic data’ occurring in clause (b)

Sep 01,2017

HC: Cochin International Airport’s agreement with AAI meets Sec. 80-IA requirement

Kerala HC rejects ITAT view that agreements entered into between Cochin International Airport Ltd (‘assessee’) and the Airport Authority of India (‘AAI’) does not constitute agreement as contemplated in clause (b) of 80-IA(4),

Sep 01,2017