HC: Allows Sec. 80IA(4) benefit to developer despite assigning maintenance/operations of infra facility

Gujarat HC upholds ITAT order for AY 2003-04, allows Sec. 80IA(4) deduction to assessee company (entrusted with the road project by Government on BOT basis), despite assessee assigning the task

Oct 31,2017

HC: Early SPN redemption, clever but permissible tax planning; Interest deductible u/s. 36(1)(iii); Reverses ITAT

Gujarat HC reverses ITAT order, allows deduction u/s. 36(1)(iii) for interest on Special Purpose Notes (‘SPN’) to Nirma Ltd. (assessee)  claimed upon pre-mature redemption of SPNs during AY 1999-2000; HC notes

Oct 31,2017

HC: No automatic stay vacation u/s. 254(2A) proviso, unless assessee responsible for procrastination of hearing

Andhra Pradesh & Telangana HC holds proviso to Sec. 254(2A) as directory, notes that Sec. 254(2A) uses the phrase ‘wherever it is possible’ implying that the Parliament had thought it

Oct 30,2017

HC: Payment by Hospital to retainer doctors , professional fees and not salary

Rajasthan HC reverses ITAT order, holds that payments made by  assessee (running a Hospital) to retainer doctors are in the nature of professional fees and not salary, TDS u/s. 194J

Oct 27,2017

HC: Upholds ITAT order; Gains on sale of industrial gala, short term u/s. 50

Bombay HC upholds ITAT order for AY 1991-92 holding that even in a case where there is evidence to prove that an industrial gala which was once used for business

Oct 27,2017

HC: Directs refund of excess cash seized after adjustment of liability under PMGKY

Andhra Pradesh and Telangana HC directs release of Rs. 5 cr. to assessee (a film production company) of excess cash seized after adjustment towards payment of tax, surcharge and penalty

Oct 25,2017

HC: Directs ITSC to consider settlement application on merits for 'comprehensive' examination of matter

Delhi HC quashes rejection of assessee’s settlement application before ITSC, directs ITSC to consider assessee's application on merits; Holds that ITSC had rejected assessee's settlement application on a wrong premise, holds that a) No

Oct 18,2017

HC: No Sec. 194J TDS on payments by Bus stand management authority to State corporation

Himachal Pradesh HC upholds ITAT order holding that payments in the nature of salary reimbursements by assessee i.e. H.P. Bus Stand Management Development Authority, to Himachal Pradesh Road Transport Corporation

Oct 18,2017

HC: Shoots down ITAT's "misdirected" missile at CAs/ICAI; Condones enormous appeal filing delay

Bombay HC overrules ITAT ruling, condones delay of over 8 years by assessee in filing an appeal against the CIT(A) order before the ITAT; Based on the review of case

Oct 12,2017

HC: Confirms Sec 263 revision on ​Virbhadra Singh's HUF for disproportionately high agricultural income

Himachal Pradesh HC upholds ITAT order, affirming CIT’s revision u/s 263 in case of Hindu Undivided Family (HUF) of Virbhadra Singh for AY 2010-11, holds that AO failed to apply

Oct 12,2017