HC

HC: ‘Legal representative’ definition, inclusive; Rejects son’s plea of severed relationship with deceased father

Calcutta HC dismisses assessee-individual’s writ, refuses to interfere with the order passed by Tax Recovery officer (‘TRO’) u/s. 159 (which provides for proceedings against the legal representative of the deceased);

Sep 05,2017

HC: Reverses ITAT; Embezzlement loss allowable in year of ‘discovery', not ‘detection'

Jammu and Kashmir HC reverses ITAT order for AY 1997-98, rules that loss on account of embezzlement by employees was incidental to assessee’s banking business and should be allowed as

Sep 04,2017

HC: Upholds ITAT; Written back provisions and liabilities qualifies for Sec. 80HHC deduction

Kerala HC upholds ITAT order for AY 2000-2001, written back provisions and liabilities qualifies for Sec. 80HHC deduction; Notes that assessee-exporter included the written back provisions and liabilities in the

Sep 02,2017

HC: Interprets 'customised electronic data' liberally; Television news software export eligible for Sec. 80HHE benefit

Delhi HC allows Sec. 80HHE deduction to NDTV for AY 1999-00, rules that  television news software exported by assessee falls within the definition ‘customized electronic data’ occurring in clause (b)

Sep 01,2017

HC: Cochin International Airport’s agreement with AAI meets Sec. 80-IA requirement

Kerala HC rejects ITAT view that agreements entered into between Cochin International Airport Ltd (‘assessee’) and the Airport Authority of India (‘AAI’) does not constitute agreement as contemplated in clause (b) of 80-IA(4),

Sep 01,2017

HC: Pre-2010 profits on investment sale exempt for general insurance business; MAT inapplicable

Delhi HC  allows assessee’s (a general insurance company) claim for exemption in respect of profit on the sale of investments applying CBDT circular 528 of 1988 for AY 2005-06; Rejects

Aug 31,2017

HC: Mere establishing creditor's identity & routing transactions through cheque cannot make it genuine

Delhi HC reverses ITAT order for AY 2011-12, restores unexplained credit addition u/s. 68 in respect of loans/advances received from four parties as assessee failed to discharge the ‘initial’ onus

Aug 28,2017

HC: Upholds penalty for Sec. 269SS violation; Credit entry in books tantamount to deposit

Allahabad HC reverses ITAT order for AY 1994-95, holds assessee-firm liable for Sec. 271D penalty for contravening Sec. 269-SS provision; During relevant AY, AO levied penalty taking note of certain

Aug 28,2017

HC: Dismisses Patanjali's writ challenging constitutional validity of 2013-amendment to Special audit provisions

Delhi HC dismisses writ petitions filed by Patanjali Ayurved and others, challenging constitutional validity of amendment to Section 142(2A) by the Finance Act, 2013, expanding the scope of special audit to

Aug 25,2017

HC: Dismisses Revenue’s appeal, AO’s power to make ‘unexplained expenditure addition’ u/s. 69C, discretionary

Allahabad HC dismisses Revenue’s appeal, upholds ITAT order restricting unexplained expenditure addition u/s. 69C to 5% of amount spent on purchases; During relevant AY 2005-06, AO made unexplained expenditure addition

Aug 24,2017

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