HC

HC: Penalty settlement sans assessee's dispute, within DRS purview; Rejects 'restrictive interpretation' plea

Kerala HC allows assessees’ writ, directs Revenue to process assessees’ declarations under the  Direct Tax Dispute Resolution Scheme, 2016 ('DRS') with respect to penalties imposed under Sections 271D, 271E and 272A(2)(C)

Jun 30,2017

HC: Condones unfathomable appeal filing delay, cites wrong professional advice; Explains mitigating factors

Madras HC sets-aside ITAT order, condones 1631 days of appeal-filing delay and remits matter back to ITAT for decision on merits on grant of registration u/s. 12AA to assessee (a

Jun 29,2017

HC: Non-disposal of taxpayer’s objections to Sec. 148 notice vitiates reassessment, not re-opening notice

Allahabad HC upholds ITAT order quashing re-assessment proceedings  u/s. 148 (initiated beyond 4 years period), but holds that “notice issued u/s. 148 cannot be said to be illegal”  for AY 2007-08, despite

Jun 29,2017

HC: Dutch co.’s Indian share sale not taxable; Repudiates Revenue's paradoxical approach to invoke Art 13(4)

Andhra Pradesh and Telangana HC upholds ITAT order for AY 2005-06 in favour of taxpayer, capital gains arising to assessee (a Dutch company) on sale of shares of its Indian

Jun 28,2017

HC: Upholds settlement applications, taxpayer’s additional disclosure, not ‘substantial’, distinguishes Ajmera Housing ruling

Gujarat HC dismisses Revenue’s writ, upholds Income-tax Settlement Commission’s (‘ITSC’) order accepting assessees’ settlement application u/s 245D for AYs 2010-11 to 2014-15; In the settlement application, taxpayers (belonging to same

Jun 26,2017

HC: Rejects rectification application; Original assessment not remand proceeding relevant for Sec 154 limitation

Allahabad HC confirms Lucknow ITAT order for AY 2003-04, dismisses assessee’s rectification application, being barred by  limitation period u/s. 154 (7); HC notes that assessee missed filing rectification petition (within

Jun 22,2017

HC: Sets-aside ITAT order, denies capital gains exemption upon proprietorship succession by company

Kerala HC sets-aside ITAT’s order and restores CIT’s Sec. 263 order, denies capital-gains exemption benefit u/s. 47(xiv) upon take-over of assessee’s proprietary concern by a company during AY 2001-02, as

Jun 22,2017

HC: Disapproves taxpayer-company's "self" lifting of corporate veil to claim 'family settlement' relief

Bombay High Court holds that share-transfer by assessee-company pursuant to the family arrangement among the shareholders of assessee-company and other family members is not exempt; HC notes that assessee-company is

Jun 21,2017

HC: Rejects co-operative society's Sec. 80P claim on 'interest' income; Departs from co-ordinate bench ruling

Karnataka HC rules in favour of Revenue and sets-aside ITAT order, denies Sec. 80P(2)(d) deduction to assessee co-operative society (engaged in agro-marketing) with respect to  interest income earned on investments

Jun 21,2017

HC: Quashes block assessment, rejects Revenue’s plea of waiving Sec. 143(2) notice issuance requirement

Gujarat HC upholds ITAT order quashing block-assessment u/s. 158BC on the ground that no formal notice u/s. 143(2) was issued to assessee; Rejects Revenue’s stand that in view of long

Jun 20,2017

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