HC

HC: 'Eligibility conditions’ u/s 80-IA applicable only to initial-AY, not entire tax-holiday period

Delhi HC upholds ITAT order allowing Sec. 80-IA benefit to assessee-company [which was initially a small scale industrial undertaking (‘SSI’), subsequently converted to medium scale undertaking] for AYs 2000-01 to 2002-03,

Jul 24,2017

HC: Dismisses Revenue's writ, upholds Settlement Commission order granting immunity from penalties / prosecution

Delhi HC dismisses Revenue’s writ, upholds Settlement Commission order granting immunity to assessee (engaged in liquor manufacturing and marketing) from prosecution and penalties under the various provisions of the Act;

Jul 21,2017

HC: Overrules ITAT; Assessment not pending u/s 153A once time-limit for scrutiny notice expires

Delhi HC quashes assessment u/s. 153A on assessee-company for AY 2008-09 as the assessment for relevant AY was not ‘pending’ as on the date of initiation of search and no

Jul 21,2017

HC: Prior notice to tax-defaulter not required for recovering arrears from garnishee-bank

Delhi HC dismisses assessee-company’s writ, upholds recovery proceedings against garnishee-Bank (with which assessee has an account) with respect to non-payment of tax arrears by assessee; Rejects assessee’s stand that tax

Jul 21,2017

HC: Upholds Sec. 201 proceedings initiated after 10-years; Departs from NHK Japan ratio

Allahabad HC rules in favour of Revenue, upholds initiation of proceedings u/s. 201(1)/201(1A) after a lapse of 10 years against assessee-company (‘deductor’) for TDS default relating to AYs 2004-05, 2005-06 and 2006-07; During relevant

Jul 20,2017

HC: Quashes reopening; Examines assessment records to infer audit objection as reopening basis

Gujarat HC allows assessee's writ petition challenging notice for reopening of assessment u/s 148 for AY 2009-10 to partially disallow Sec. 10A deduction, holds that reopening was under the directives and compulsion

Jul 19,2017

HC: Substantial expansion eligible for Sec. 80-IB benefit; Rejects splitting up/ reconstruction plea

Madras HC reverses ITAT order to grants deduction u/s 80IB to new unit of a manufacturer assessee (a partnership firm) for AYs 1998-99 to 2002-03, rejects Revenue's claim that it

Jul 19,2017

HC: Jetty with conveyor belt a temporary structure, not plant; Grants 100% depreciation

Madras HC upholds ITAT order granting depreciation on ‘Jetty’ at 100% under the head ‘Building - temporary structure’ to assessee (engaged in cargo business) for AY 2005-06, rejects Revenue’s stand of

Jul 17,2017

HC: Reverses ITAT; NR's salary for services outside India non-taxable despite NRE-account credit

Calcutta HC reverses ITAT order, holds that remuneration received by assessee-individual (a non-resident individual, working as marine engineer in foreign waters) in his NRE account in India, not taxable for

Jul 17,2017

HC: Limiting PAN correction in TDS statement to 4 characters "illogical", allows taxpayer's petition

Gujarat HC allows assessee’s petition challenging  action of Income-tax Department not permitting assessee to correct error in PAN ( mistake in 5 characters of PAN) of one of the deductees

Jul 14,2017

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