HC

HC: Directs resolution of technical-glitch on “war footing” for timely return processing u/s143(1)

Bombay HC allows assessee’s writ challenging letter issued by Revenue expressing its helplessness to process the return of income u/s 143(1) in view of technical glitch encountered in the ITD

Oct 25,2016

HC: Directs refund processing despite Sec 143(2) notice issuance, rejects Revenue’s ‘discretionary’ interpretation of Tata Tele case

Delhi HC allows assessees’ writ petitions, directs Revenue to examine refund claims and pass appropriate orders despite scrutiny notices issued u/s 143(2); Assessees’  were aggrieved by the notices issued u/s

Oct 24,2016

HC: EPC contractor claiming 'insurance' for equipment transit-loss, no ‘reason’ for reassessing contract-revenue

Bombay HC upholds ITAT order setting aside reassessment for AY 2000-01 in case of assessee (an EPC contractor), holds material used by AO for issuing reopening notice was without any

Oct 24,2016

HC: Directs Revenue to consider taxpayer’s compounding application, despite conviction order against taxpayer-assessee

Madras HC directs CCIT to consider assessee’s (a 71 year old lady) compounding application, despite conviction order passed by Criminal Court against assessee; Assessee was penalised and prosecuted by the

Oct 21,2016

HC: Settlement Commission application withdrawal permitted, once tax-arrears settled under KVSS

Gujarat HC quashes order passed by the Income-Tax Settlement Commission (‘ITSC’) rejecting assessee’s (an individual) application for withdrawal of settlement-application in view of certificate issued under Kar Vivad Samadhan Scheme,1998 (‘KVSS’,

Oct 17,2016

HC: Concealment penalty, a strict “civil” liability; Rejects “bonafide-belief” plea for sales-tax professional

Andhra Pradesh HC dismisses assessee’s appeal for AY 2003-04, upholds levy of penalty u/s 271(c) for concealment of income from different sources; Notes that consequent to search/survey operation u/s 132,

Oct 14,2016

HC: Non-cash capital contribution into firm not a colourable device; Exempts pre-1987 transaction

HC reverses ITAT order, capital contribution in the form of immovable properties, stocks and shares by assessee-company to a partnership-firm not a taxable transfer u/s 45 for AY 1980-81; On noting that

Oct 07,2016

HC: Delay in curing TDS certificate defects results in Sec 244A interest denial

Kerala HC dismisses assessee’s writ, upholds Chief Commissioner’s order denying interest on income-tax refund u/s 244A for the period of delay which occurred in curing defects in TDS certificates for

Oct 07,2016

HC: Upholds CBDT order denying extension of time for complying with Sec 54F requirements

Punjab and Haryana HC dismisses assessee-HUF’s writ, upholds CBDT order denying extension of time for complying with the requirements of Sec. 54F; Notes that assessee was unable to utilize the capital gains

Oct 06,2016

HC: Refund-adjustment limited to amount required for granting stay u/s 220(6); Applies CBDT's 2016 Office-Memorandum

Punjab & Haryana HC modifies order u/s 220(6) granting partial stay of demand to assessee-company, directs Revenue to adjust the refunds only to the extent of amount required for granting

Oct 03,2016

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