HC

HC: Deletes Sec. 14A disallowance sans examination of assessee’s claim

Delhi HC upholds ITAT’s order for AY 2006-07, deletes Sec. 14A disallowance computed by the AO in case of assessee-company (manufacturing chemical products); Disallowance computed by the assessee u/s 14A

Dec 30,2016

HC: Respected newspaper Tribune advances general public utility but fails 10 "crucial words" test

Punjab & Haryana HC upholds denial of ‘charity’ exemption u/s 10(23C)(iv) to assessee-trust (engaged in printing and publishing of newspaper – ‘The Tribune’) for AY 2009-10; HC relies on Privy

Dec 30,2016

HC: Questions ITAT's 'mechanical adherence' to Galileo ruling on 15% profit attribution

Delhi HC allows Revenue’s appeal challenging ITAT order attributing 15% of assessee’s (USA based limited partnership concern, engaged in online airline booking services) income to India relying on co-ordinate bench ruling

Dec 28,2016

HC: Denies foreign tax credit u/s 91, but allows expense-deduction; Distinguishes reliance on Wipro ruling

Bombay HC upholds foreign tax credit denial u/s 91 to Reliance Infrastructure Ltd. (‘assessee’) with respect to taxes paid in Saudi Arabia during AY 1983-84, however, allows expense-deduction for foreign

Dec 23,2016

HC: Rejects ITAT’s literal interpretation to section 153C 2015-amendment; Upholds block assessment

Delhi HC reverses ITAT’s order, upholds block assessment proceedings u/s 153C against assessee for AYs 2005-06 to 2010-11; Pursuant to search operation u/s 132 in the business premises of two

Dec 23,2016

HC: Exclusive reliance on UK revenue information insufficient to reopen a decade old assessment

Delhi HC dismisses Revenue’s appeal for AY 1982-83, quashes reassessment proceedings initiated u/s 147/148 for taxing amount of interest earned on bank accounts in UK and loan advanced out of undisclosed

Dec 22,2016

HC: Dismisses writ against reassessment notice to scrutinize CCPS-premium taxability

Madras HC dismisses writ filed by assessee (a Private Ltd. Company) for AY 2009-10, upholds reassessment proceedings initiated u/s 147/148 for taxing excess share premium on issuance of compulsory convertible

Dec 21,2016

HC: Higher TDS u/s 194J inapplicable on EPC-contract payments; Human intervention didn't constitute 'technical service'

Punjab and Haryana HC dismisses Revenue’s appeal for AY 2012-13, domestic payments made by assessee-company towards erection, testing, commissioning and trial operation of the equipment to contractors did not involve provision of professional/technical

Dec 20,2016

HC: Restricts taxman's 'unlimited' TDS calls to Airtel on non-resident payments

Delhi HC relies extensively on co-ordinate bench judgment in Vodafone Essar to allow Bharti Airtel's writ petition, rules that show cause notice must be issued within a 'reasonable' time even

Dec 20,2016

HC: Sec 245D(4A) time-limit for passing Settlement Commission order mandatory, not directory; Distinguishes Star TV ratio

Karnataka HC allows assessee’s writ, quashes order passed by Income Tax Settlement Commission (‘ITSC’), being barred by limitation for AYs 2006-07 to AY 2012-13, upholds invocation of Sec 245HA(1)(iv) [which

Dec 20,2016

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