HC

HC: Cannot treat FTS as royalty merely citing general IP protection clause in agreement

Madras HC dismisses Revenue's appeal against ITAT order holding that payment made by assessee (automobile company) to the Austrian company for design of cylinder for improvement of fuel efficiency is

Nov 01,2018

HC: Explains SC judgment effect on Allahabad HC Full bench decision on deemed trust registration

Kerala HC confirms ITAT order, holds that failure to consider assessee trust's application for registration within stipulated period of 6 months would result in deemed grant of registration, but such

Nov 01,2018

HC: Upholds ITAT-order invoking Sec 60 to tax rental income in transferor's hands

Delhi HC dismisses assessees' writ petition, confirms ITAT's order for AY 2008-09 holding that agreement between 2 entities (ADI and AHR) conferring upon ADI, rights to enjoy lease income of

Oct 30,2018

HC: Madras HC follows Gujarat & Kerala; Belated Employees' contribution to PF/ESI not deductible

Madras HC dismisses assessee's writ petition, denies deduction for employees' contribution to PF / ESI deposited by assessee beyond due date provided under the respective enactment but before due date

Oct 29,2018

HC: Reverses ITAT, grants Sec 80HHB benefit; Assessee's foreign project, not repair & maintenance work

Madras HC reverses ITAT order for AY 2001-02, holds that assessee's project in Abu Dhabi for 'refinery shut down' qualifies as 'foreign project' entitled to deduction u/s 80HHB(2); AO had

Oct 29,2018

HC: TDS u/s 195 inapplicable on commission to non-resident agents despite some sale happened in India

Gujarat HC upholds ITAT order and deletes Sec. 40(a)(i) disallowance made by AO for TDS non-deduction on commission paid by assessee-company to non-resident agents appointed for procuring export orders during

Oct 26,2018

HC: Entering into JDA cannot make vacant land 'business asset'; Upholds wealth-tax levy

Andhra Pradesh and Telangana HC upholds taxation of vacant land purchased by assessee-individual during AY 2009-10 for wealth tax purpose, rejects assessee's stand that entering into JDA with developer immediately

Oct 25,2018

HC: Directs ITAT to dispose MAs in the order in which they are instituted/filed

Bombay HC directs ITAT to expeditiously dispose off assessee's Miscellaneous Application (MA), expresses anguish on ITAT not communicating to assessee-petitioner regarding fixing a specific date of hearing of a MA;

Oct 25,2018

HC: Lays down principles on interest allowability u/s. 36(1)(iii), AO wrongly interpreted S.A Builders case (SC)

Delhi HC upholds ITAT order deleting interest disallowance u/s. 36(1)(iii),  notes that pursuant to HC remand directing AO to examine the issue in light of SC ruling in S. A.

Oct 25,2018

HC: Expenditure on allied objects having nexus with predominant activity cannot disentitle benefit u/s 10(23C)

Madras HC grants exemption u/s 10(23C)(iiiad) to assessee (an educational trust) for AY 2014-15, rules that merely spending a meagre amount towards distribution of sarees to mothers and grandmothers of

Oct 23,2018

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