HC

HC: Rejects export commission re-characterization as royalty; Export agreement not tax-avoidance device

Delhi HC upholds ITAT order, export commission payment by assessee-company [engaged in manufacture and sale of motorcycles using technology licensed by Honda Motor Co. Ltd., Japan (‘HMCL’]) to HMCL, neither

May 11,2017

HC: Upholds ITAT; Reimbursement of seconded employees’ salary to NR, not FTS

Bombay HC upholds ITAT order for AY 2010-11, payment by Marks and Spencer Reliance India Pvt. Ltd. (assessee, a JV company between Marks & Spencer and Reliance) to Marks & Spencer

May 10,2017

HC: Loss on foreign cars sale deductible u/s 32(1)(iii) as business loss; Sec. 50 inapplicable

Madras HC reverses ITAT order for AYs 1999-2000 and 2000-01, categorizes loss arising on sale of foreign cars as business loss in the hands of assessee (a shipping agent) , rejects invocation of

May 09,2017

HC: 15% demand payment not pre-condition for stay application, AO misread CBDT's 2016 instruction

Gujarat HC allows assessee-individual’s writ, sets-aside AO’s as well as Pr. CIT’s orders rejecting assessee’s stay of demand petition; AO rejected assessee’s stay application on the ground assessee was required

May 05,2017

HC: Reverses SB-ruling, interest on disputed arbitration deductible despite subsequent stay / on-going litigation

Delhi HC sets-aside ITAT special bench (‘SB’) ruling denying deduction to assessee for interest payable on account of disputed arbitration award for AYs 2001-02 & 2002-03;  SB had denied deduction

May 03,2017

HC: Upholds ITAT order granting charity registration to State development authority

Allahabad HC upholds ITAT order granting Sec. 12AA registration to Greater Noida Industrial Development (assessee, a statutory body having object of development of industrial area), states that assessee’s objects were in the

Apr 28,2017

HC: Quashes re-opening merely based on a ‘Sauda-Chitthi’ for land-sale

Gujarat HC allows assessee-partner's writ and quashes re-assessment, holds that mere signing of ‘Sauda Chitthi’ for sale of land owned by Partnership firm in AY 2009-10 doesn’t imply that the

Apr 28,2017

HC: Mandatory return-filing before due-date to claim tax-holiday not 'discriminatory'; Upholds Constitutional validity

Delhi HC dismisses assessee’s (100% EOU) writ for AY 2007-08, upholds constitutional validity of Sec. 80A(5) as well as fourth proviso to Sec. 10B(1) (the sections mandate filing of return

Apr 28,2017

HC: Compensation charges to lessor regarding advance to equipment supplier deductible as interest

Madras HC upholds ITAT order allowing deduction u/s. 36(1)(iii) for lease compensation charges paid by assessee-company (engaged in the manufacture of Soft drinks under a franchise from Coco Cola) to

Apr 27,2017

HC: Upholds FTC for ‘tax payable’ on Omani dividend, despite exempt in Oman

Delhi HC upholds ITAT order allowing foreign tax credit (‘FTC’) to assessee (a co-operative society registered in India)  in respect of dividend received from its JV company in Oman during

Apr 25,2017

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