HC: Upholds reopening to probe 'bogus purchases' revealed through IT-Department investigation

Gujarat HC dismisses assessee's writ, upholds reopening for AY 2009-10 (beyond 4 years period) based on fresh material unearthed by the IT Department through the investigation wing indicating that purchase

Sep 19,2017

HC: Reverses ITAT; Contracts receipts, not JV-company's income, but diversion by overriding title

Jammu and Kashmir HC reverses ITAT order and rules in favour of assessee (a JV company) for AY 2005-06, railway contract receipts of over Rs. 12 cr. not income of

Sep 19,2017

HC: Mere PAN allotment u/s 139A doesn't make allottee a separate taxable entity

Gujarat HC holds that mere allotment of PAN u/s 139A would not make an allottee a separate entity for the purpose of assessment of tax, HC disposes-off assessee-society's appeal for

Sep 18,2017

HC: Upholds 2007 amendment preponing settlement proceedings' tax payments; Abatement restricted to "default" years

Gujarat HC upholds the constitutional validity of Sections 245D(2A), 245D(2D) and 245HA (which introduced payment of additional tax with interest at the time of filing of Settlement application itself) inserted

Sep 16,2017

HC: Rejects society's Sec 12AA registration claim from original application date; Reverses ITAT ruling

Allahabad HC sets-aside ITAT order, grants registration u/s. 12AA to assessee-society with effect from April, 2004 (date of filing fresh application) and not from  the date of original application u/s.

Sep 15,2017

HC: Dismisses challenge to Settlement Commission order holding NR-entities non-taxable on equipment supply

Calcutta HC dismisses Revenue’s writ challenging Settlement Commission order for AYs 2004-05 to 2009-10 wherein it was held that non-resident entities [assessees, not having PE in India] were not liable to tax

Sep 14,2017

HC: Quashes re-assessment on Yum Restaurants, cites non-application of mind while recording reasons

Delhi HC allows Yum Restaurant’s writ, quashes re-assessment for AY 2006-07 (initiated beyond 4 years period);  Notes that assessee’s return was processed u/s. 143 (1) and not u/s. 143(3), therefore in  terms

Sep 14,2017

HC: Export commission to NR paid through Indian agent, taxable; Upholds Sec. 40(a)(i) disallowance

Madras HC confirms ITAT order, holds that commission paid by assessee-individual (engaged in garments exports) to an Indian agent on behalf of the foreign entity is taxable in India, confirms

Sep 13,2017

HC: Reverses ITAT; Urban development authority, not involved in ‘profiteering'; Grants Sec. 11 exemption

Gujarat HC reverses ITAT order, grants Sec. 11 exemption to assessee (a statutory body engaged in urban area development and township planning) for AY 2009-10, holds assessee’s activity not in the nature of trade,

Sep 11,2017

HC: Characterizes lease-rentals from composite letting of building with furniture/fixtures as ‘income from other sources’

Delhi HC holds that lease rentals from assessee’s composite  letting of building together wih fixtures, furnitures etc. assessable as ‘income from other sources’; For AY 2009-10, assessee contended that predominant

Sep 08,2017