HC: Sec. 195 TDS inapplicable on reimbursements absent privity of contract with service-provider

Delhi HC dismisses Revenue’s appeal, holds that no tax was deductible u/s 195 on payment made by assessee (Organizing Committee Hero Honda World Cup) to Federation of International Hockey (FIH)

Apr 10,2018

HC: Raps Revenue for arm-twisting tax-collection measures, grants relief to Saibaba Sansthan Trust

Bombay HC sets aside order passed by CIT(A) directing Shri Saibaba Sansthan Trust (assessee) to pay Rs. 15 Cr before March 31, 2018 pending disposal of its appeal, holds that CIT(A)’s

Apr 05,2018

HC: Rejects 'non-executive Chairman' Kalanithi Maran's culpability for Spicejet's TDS default; Quashes prosecution

Madras HC quashes AO’s order passed u/s. 2(35) treating Mr.Kalanithi Maran (then non-executive Chairman of airline SpiceJet Ltd.) as ‘principal officer’, holds assessee could not be prosecuted u/s. 276B for

Apr 05,2018

HC: Dismisses constitutional challenge to 1983 amendment levying wealth-tax on land/buildings of closely held companies

Bombay HC dismisses writ filed by Indian Express Newspapers (assessee) challenging constitutional validity of Sec. 40(3) of the Finance Act 1983 which levied 2% wealth tax on land and buildings

Apr 04,2018

HC: No Sec. 80HHC benefit on commission deducted by foreign agent from sale consideration

Kerala HC reverses ITAT order, denies Sec. 80HHC benefit to assessee-company on commission deducted by foreign agent from export proceeds and not brought to India in convertible foreign exchange; Notes

Apr 03,2018

HC: Condones delay in filing return due to delay in obtaining tax-audit report

Madras HC allows assessee-company’s writ, condones 37 days delay in filing income tax return for AY 2014-15 owing to the delay in carrying out tax audit; Notes that assessee’s tax

Mar 30,2018

HC: Deemed dividend u/s 2(22)(e) not exempt u/s 10(34) absent payment of additional tax

Kerala HC rules that amount assessed as deemed dividend u/s 2(22)(e) in hands of assessee-individual  during AY 2005-06 shall not be exempt u/s 10(34), states that “exclusion under Section 10(34) would

Mar 29,2018

HC: Condones delay for making belated TDS refund claim for bonafide reason

Gujarat HC condones delay of deductor-assessee in making refund claim of excess tax deducted inadvertently as compared to rate prescribed under India-France DTAA, holds that such excess deposit is required

Mar 29,2018

HC: Indian Oil Corporation's carrier payment not "truck hiring"; Sec. 194C applicable, not Sec 194I

Uttarakhand HC upholds ITAT order, accepts Indian Oil Corporation’s (‘assessee’) plea that  payment made to the carrier under the contracts for transporting the petroleum products shall be subject to TDS u/s. 194C

Mar 27,2018

HC: Upholds reassessment; Mere P&L Account disclosure cannot absolve assessee's 'full disclosure' obligation u/s. 147

Kerala HC reverses ITAT order, upholds re-assessment initiated (beyond 4 years) for AY 1994-95 on Tata Ceramics  Ltd. (‘assessee’, which did not commence production in subject AY), due to assessee's failure to

Mar 26,2018