HC: Denovo block assessments pursuant to ITAT remands, not governed by time limit u/s 153B

Delhi HC quashes block assessments framed u/s 153A pursuant to ITAT's remand for AYs 2005-06 to AY 2012-13 holds that limitation period provided under erstwhile Sec. 153(2A) would apply and

Oct 16,2018

HC: Upholds framing of prosecution charges for non-filing of return u/s 139(1) despite refund claim

Delhi HC upholds Trial Magistrate's order framing prosecution charges on assessee u/s 276CC for non-filing of return before due date u/s 139(1) and failure to comply with notice u/s 142(1)

Oct 15,2018

HC: Directs CBDT to consider petitioner's representation on extending return filing due-date beyond October 31st

Gauhati HC directs CBDT to consider petitioner's representation on extending return filing & tax audit due date; Petitioner had argued that though CBDT had extended due date till October, 31st,

Oct 13,2018

HC: Dismisses Revenue's appeal; No interest disallowance u/s. 36(1)(iii) for non-interest-bearing advances to third-parties

Delhi HC dismisses Revenue's appeal challenging ITAT order allowing deduction u/s. 36(1)(iii) for interest paid on unsecured loans; During the relevant AY 2011-12, AO had proportionately disallowed an amount of

Oct 12,2018

HC: Upholds re-assessment initiation on Sun Direct TV for Rs. 200 cr. share premium probe

Madras HC upholds reassessment initiation on Sun Direct TV Pvt. Ltd. (assessee) for AY 2009-10 (initiated beyond 4yrs period), dismisses writ; Based on the information received from the CBI, AO

Oct 11,2018

HC: Estates of ex-ruler assessable as HUF, not individual; Rule of 'primogeniture' inapplicable

Delhi HC rules against Revenue in a bunch of over 50 cases, rules that estates of assessees (ex-rulers) shall be assessable as 'HUF' and not in 'individual' capacity; Assessee (in

Oct 09,2018

HC: Upholds penalty; Sale & lease back transaction, 'hurriedly planned act' to claim 100% depreciation

Madras HC upholds penalty levy with respect to depreciation disallowance on machinery for AY 1996-97, holds that assessee-lessor had entered into a sale cum lease back transaction to conceal a

Oct 09,2018

HC: Imposes Rs. 1.5 lakh cost on Revenue officer for raising demand without valid notice to assessee

Bombay HC imposes cost of Rs. 1.5 lakh on Revenue officials for irreverently adjusting refund due to assessee against the demand raised, without serving notice of demand on assessee; A

Oct 08,2018

HC: Directs CBDT to respond on further due-date extension & Sec. 234A interest waiver

Rajasthan HC directs CBDT to decide on two aspects – i) extension of due date for filing tax audit report and return by another 15 days and ii) extension of

Oct 05,2018

HC: Taxpayer entitled to pursue revision u/s. 264 after getting appeal dismissed as withdrawn

Madras HC holds assessee's writ against CIT's order u/s. 264, maintainable, rejects Revenue's contention withdrawal of appeal would dis-entitle assessee to go for revision u/s 264; During AY 2008-09, assessee sold agricultural

Oct 05,2018