HC

HC: Sales tax subsidy, a revenue receipt absent capital utilization condition, distinguishes Ponni Sugars

Delhi HC reverses ITAT order for AY 1995-96 and rules in favour of the Revenue, holds that amount received by  assessee (running a manufacturing unit in a specified backward area) by

Jul 14,2017

HC: Royalty for operating airport lounge inseparable from use of space, upholds TDS u/s 194-I

Delhi HC reverses ITAT order and rules in favour of Revenue, royalty payment made by ITC Ltd. (‘assessee’) to the Airport Authority of India (‘AAI’) for use of lounge premises,

Jul 13,2017

HC: Gujarat HC joins sister Courts in affirming Sec. 234E validity; Revenue leads 4-0!

Gujarat HC rejects assessee’s stand that before amendment w.e.f. June 1, 2005, Sec. 200A did not authorize AO to make adjustment towards levy of fees u/s 234E; Perusing the relevant

Jul 12,2017

HC: Property attachment valid absent registered conveyance deed; Dismisses land-purchaser's writ

Madras HC allows writ appeal filed by Revenue to uphold action u/s. 281, sets-aside writ court’s order allowing petitioner’s (land purchaser) writ and lifting the attachment on immovable property; Petitioner

Jul 11,2017

HC: Taxpayer's revision application u/s. 264 against AO's rectification order u/s. 154, maintainable

Calcutta HC allows assessee company’s writ petition for AYs 2004-05 to 2007-08, assessee's revision application u/s. 264 against AO's rectification order u/s. 154, maintainable; Observes that AO partly allowed assessee's

Jul 07,2017

HC: Penalty rigours not attracted for bonafide Sec. 10(38) interpretation held erroneous

Bombay HC upholds deletion of Sec. 271(1)(c) penalty levied for wrongly claiming carry forward of long term capital loss (‘LTCL’) on sale of shares and not setting it off against

Jul 05,2017

HC: Loss carry-forward embargo for delayed return u/s. 80 not absolute, notes PSU's CAG dependency

Chhattisgarh HC sets-aside ITAT order for AY 2006-07 “without expressing anything on merits”, directs AO to consider assessee’s (a public sector company) claim of carry forward and set-off  of losses u/s

Jul 05,2017

HC: Sec. 221 penalty to be imposed only on ‘tax’ component excluding interest

Bombay HC upholds ITAT order, restricts levy of penalty u/s. 221 only on arrears of tax, excluding the interest under Sections  234A/B/C; Rejects Revenue’s stand that the terminology ‘tax in

Jul 04,2017

HC: Upholds granting charity registration u/s 12AA, but disproves ITAT’s reliance on India Trade Promotion ruling

Andhra Pradesh and Telangana HC upholds granting of charity registration u/s. 12AA to assessee-institution (engaged in training and guiding Government officials/farmers in the field of water and land management for a

Jul 03,2017

HC: Deletes Sec. 43B addition for unpaid VAT not routed through P&L account

Chhattisgarh HC upholds ITAT order, deletes Sec. 43B addition with regards to unpaid VAT, not claimed as deduction in the books of accounts; HC notes that while the VAT component collected was

Jun 30,2017

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