HC

HC: Tribunal duty-bound to consider assessee’s alternative plea raised during hearing

Bombay HC allows assessee’s writ for AYs 1987-88 &1988-89, holds that the Tribunal is duty–bound to grant relief to the assessee as claimed during the hearing, even if there is no

Nov 25,2016

HC: Upholds transfer u/s 127 for coordinated post search investigation

Delhi HC dismisses assessee’s writ challenging transfer/centralisation of case u/s 127 for coordinated post search investigation and meaningful assessment, pursuant to proceedings u/s 133A; Rejects assessee’s plea that failure to mention any reason

Nov 25,2016

HC: Upholds rejection of Sec 234A/B/C interest waiver application; Pending quantum appeal irrelevant

Bombay HC dismisses asssessee’s writ challenging Chief Commissioner’s order u/s 119(2) rejecting assessee’s application for waiver of interest u/s 234A/B/C for non-payment of advance tax on capital gains arising during

Nov 24,2016

HC: Reverses ITAT; Rejects leasing between affiliates at lower rate, applies 'reasonable-rent' benchmark

Kerala HC sets aside ITAT order, holds ‘reasonable’ rent and not the lower actual rent received by assssee-individual, relevant for computing annual value of the property let out u/s 23(1)

Nov 21,2016

HC: Sec 234C interest mandatory though unanticipated income resulted in advance tax shortfall

Madras HC upholds levy of Sec 234C interest, does not accept taxpayer's argument that deferment in payment of advance tax was beyond the control of assessee; During relevant AY 2007-08,

Nov 18,2016

HC: Lack of detailed reasoning in transfer order doesn’t ensue “grave-prejudice” to assessee

Delhi HC dismisses assessee’s writ challenging transfer/centralisation of case u/s 127 for coordinated post search investigation and meaningful assessment, pursuant to proceedings u/s 133A; Rejects assessee’s plea that failure to

Nov 18,2016

HC: Settlement commission not entitled to 'review' own order, quashes order

Madras HC quashes order passed by the Income Tax Settlement Commission (‘ITSC’) rectifying / reviewing the order passed u/s 145D(4) for AYs 1988-89 to 1994-95 based on Revenue’s miscellaneous petition; Sec. 245F (conferring powers on

Nov 17,2016

HC: Software services by Indian-branch to foreign HO, an 'export'; Allows Sec 10A benefit

Delhi HC upholds ITAT order, allows Sec 10A relief to assessee-branch (a 100% SEZ unit engaged in software development) on profits arising on transfer of software to its foreign head

Nov 15,2016

HC: Non-reporting of income based on CA’s advice not 'specious'; Deletes 271(1)(c) penalty

Delhi HC dismisses Revenue’s appeal for AY 2008-09, deletes 271(1)(c) penalty for non-reporting of capital gains on account of bonafide belief that it was eligible for relief u/s 54G based on CA’s

Nov 15,2016

HC: Higher school fees doesn't establish profit motive, allows exemption u/s 11; Reverses ITAT-order

Gujarat HC reverses ITAT order, grants Sec 11 exemption to assessee (an educational trust running a school) for AY 2003-04; Rejects Revenue’s stand that assessee was charging higher fees as compared to other

Nov 14,2016

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