HC

HC: Upholds deletion of Sec. 271(1)(c) penalty on actor Trisha Krishnan, absent 'deliberate' concealment of income

Madras HC upholds ITAT order, deletes concealment penalty u/s. 271((1)(c) on Trisha Krishnan (assessee, a Cine artist) in respect of advances received from various cinema producers towards the work ‘to

Jun 15,2018

HC: Denies deduction u/s. 37 to lawyer for settlement expenses incurred as company’s MD / personal guarantor

Delhi HC upholds ITAT order, denies deduction u/s 37 to assessee-individual (a lawyer) for litigation/settlement expenses incurred in respect of settlement of dues of the company for which he stood

Jun 09,2018

HC: Re-assessment not void for want of proper service of notice u/s. 282(2)

Delhi HC sets aside ITAT order quashing re-assessment for AY 1995-96 on the ground that service of Sec. 148 notice on a person other than ‘principal officer’ as contemplated in

Jun 07,2018

HC: No TDS u/s 195 on foreign agency commission absent chargeability under the Income-tax Act

Gujarat HC upholds ITAT order and deletes disallowances u/s 40(a)(ia), rules that commission payments made by assessee-company to its foreign commission agent (payee) did not entail tax liability of the

Jun 01,2018

HC: Holds Revenue's appeal 'in-time', accepts Tribunal order 'non-receipt' plea; Explains ITAT's duty

Uttarakhand HC dismisses Hyundai's objections, holds that the appeal filed by Revenue against ITAT ruling is within the time-limit prescribed u/s. 260A ; Hyundai contended based on RTI records that while the Tribunal order had been served on CIT's office

May 25,2018

HC: Upholds Sec 36(1)(viia) bad debts provision deduction based on 'cumulative' outstanding rural advances

Calcutta HC upholds ITAT order for AYs 2008-09 and 2009-10,  rules that provision for bad and doubtful debt deduction u/s 36(1)(viia) incase of assessee-bank (a regional rural bank) ​has to be computed @

May 23,2018

HC: Denies capital gains exemption benefit u/s. 54F as flat construction preceded land-transfer

Gujarat HC upholds ITAT order for AY 2009-10, denies capital gains exemption benefit u/s. 54F to assessee-individual as the construction of the flats for personal use was completed before the sale of the capital asset (i.e. land); Assessee owned

May 22,2018

HC: Allows exemption u/s 10(10C) for VRS payment despite scheme not as per Rule 2BA

Madras HC allows assessee’s claim for exemption u/s 10(10C)  for VRS payment of AY 2004-05; Assessee's (employee of ICICI Bank) claim was denied by the Income-tax authorities holding that the

May 18,2018

HC: Adopts different approach, treats TDS default order u/s 201 as 'show-cause' notice to assessee

Madras HC directs the order u/s 201(1)/(1A) ​(for TDS default on payments to non-resident) ​be treated as ​'show-​cause​'​  notice to the assessee instead of remitting back the matter for a fresh consideration; HC

May 17,2018

HC: Concessional education facility not perquisite prior to 2001- amendment to Rule 3, TDS inapplicable

Gujarat HC reverses ITAT order, holds that payment to education society for recouping deficit in payment of tuition fees of employees' children does not amount to perquisite for AY 2000-01

May 16,2018

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