HC

HC: Denies Sec 244A interest as delay attributable to assessee; Belated return condonation irrelevant

Kerala HC dismisses assessee’s (a primary co-operative society) writ, rejects interest on refund claim u/s 244A despite income-tax refund allowed on belated return; Assessee was subject to mandatory audit under

Sep 29,2016

HC: Chides Revenue, filing multiple petitions against same order - a wastage of public money

Bombay HC chides Revenue for filing multiple petitions against the same impugned order, states that Revenue officers “must realize they are not independent entities but part of a team known

Sep 27,2016

HC: Special Audit not a ploy for extending assessment time-limit, upholds direction u/s 142(2A)

Bombay HC dismisses assessee’s writ, upholds special audit u/s 142(2A) in case of assessee (engaged in share trading) for AYs 2008-09 to 2014-15; HC observes that vide order u/s 142(2A)

Sep 26,2016

HC: Dress-code at work place, not uniform; ONGC-in-default for non-deducting TDS on ‘uniform allowance’

Gujarat HC confirms ITAT order, holds ONGC (‘assessee’) in default u/s 201(1)/(1A) for not deducting TDS on payment of ‘uniform allowance’ to its employees for AY 2010-11; Rejects assessee’s stand

Sep 26,2016

HC: Accepts assessee’s bonafide-belief plea on taxability of corporate-service income; Deletes 271(1)(c) penalty

Bombay HC upholds ITAT order for AY 2006-07, deletes Sec 271(1)(c) concealment penalty in respect of corporate services income received by the assessee (Netherland tax resident) from its Indian associated

Sep 23,2016

HC: Upholds change in stock-valuation method from lowest price to weighted average

Bombay HC reverses ITAT order, upholds change in the method of ascertaining cost for the purpose of stock valuation from “lowest price during the year” to “weighted average cost” by

Sep 22,2016

HC: Upholds reassessment on pharma-company for alleged profits diversion using tax-haven

Gujarat HC upholds reassessment notice initiated in the case of assessee (a pharma company) for AY 2004-05; Assessee transferred technology to its subsidiary based in British Virgin Islands (`BVI'), which

Sep 21,2016

HC: Allows writ; Mere conviction against assessee-firm not sufficient to reject compounding application

Madras HC allows assessee-firm’s writ, sets aside CCIT’s order rejecting compounding application u/s 279(2) for AY 1983-84;Revenue had rejected compounding application for offence committed by the assessee u/s 276B (i.e. TDS default)

Sep 21,2016

HC: Share issue expenses although at the instance of Government-directive not allowable u/s 37(1)

HC dismisses HLL's appeal for AY 1978-79, expenditure in connection with issue of share capital for diluting foreign shareholding under Government directive not allowable as revenue expenditure u/s 37(1); Assessee issued shares to Indian public as industrial licence obtained

Sep 21,2016

HC: Amended Sec. 200A enabling Sec. 234E-levy prospective, but keeps constitutional validity issue open

Karnataka HC quashes intimation u/s 200A levying fees for delayed filing of TDS return u/s 234E, holds that “intimation raising demand prior to 1.6.2015 u/s 200A levying Sec 234E late fees is not valid.”; Observes

Sep 20,2016

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