HC

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

HC: Assessment of educational trust absent jurisdiction “void-ab-initio” and not a mere irregularity

Patna HC allows assessee’s (a non-profitable educational trust) writ; Quashes assessment order and demand notice passed by ITO (Exemptions), Muzaffarpur for AY 2013-14 absent jurisdiction and in violation of the

Nov 11,2016

HC: Revenue’s threat to initiate penalty/prosecution proceedings on return-filing failure unjustified

Madras HC allows assessee’s writ challenging notice issued  to furnish their return of  income immediately and threatening to initiate penalty and prosecution proceedings u/s 271F and 276cc;  HC observes that the

Nov 11,2016

HC: Disapproves CBDT's Sec 119(2) discretion; Condones return filing delay noting 'technical' snags

Madras HC division bench upholds Single Judge order, sets-aside CBDT order rejecting assessee's condonation application u/s 119 with regards to a day’s delay in filing return of income for AY

Nov 10,2016

HC: Quashes reassessment proceedings sans allusion of tangible material

Delhi HC allows assessee’s writ challenging reassessment proceedings initiated u/s 147/148 for AY 1997-98; On perusal of reasons furnished by the Revenue for reopening the assessment notes that there was

Nov 03,2016

HC: Reverses ITAT, quashes reassessment absent issuance of statutory notice u/s 143(2), Sec. 292BB inapplicable

Kerala HC reverses ITAT order, quashes reassessment u/s 147 read with Sec 143(3) for AY 2009-10 as no notice u/s 143(2) was issued to assessee company; ITAT had upheld reassessment

Nov 03,2016

HC: Directs advance-tax refund noting delay on account of “genuine hardship”

Kerala HC allows asssessee’s writ challenging CIT’s order dismissing assessee’s application u/s 119(2)(b) seeking refund of advance tax paid for AYs 2004-05 and 2005-06 on ground of delay ; Notes that

Oct 27,2016

HC: Chastises Revenue for not granting refund u/s 143(ID) despite HC’s clarification in Tata-tele case

Bombay HC allows asseseee’s  writ petition for  AY 2015-16,  directs AO to grant refund due to assessee, despite issuance of scrutiny notice u/s 143(2); HC observes that the refund was

Oct 27,2016

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