HC

HC: AO can entertain claim of erroneous deduction without revised ROI, relies on NTPC

Kerala HC holds that AO can entertain assessee’s claim of deduction u/s 80G, despite erroneously claimed u/s. 37 and no revised return filed making the correct claim, however, on merits

Jul 13,2018

HC: Denies deduction for acquiring film distribution rights absent revenue realization on exhibitions

Kerala HC upholds ITAT order for AY 2004-05, denies deduction for expenditure incurred by assessee-company on acquisition of distribution rights on three Malayalam films, as there was no exhibition of

Jul 13,2018

HC: ITAT order consolidating appeals 'unreasoned'; Passes strictures on Department Representative

Delhi HC stays operation of the order of ITAT President consolidating various cases, calls it as ‘utterly unreasoned’; HC notes that ITAT had consolidated several appeals which apparently did not

Jul 12,2018

HC: Gives 'second-chance' to compound offense; Compounding fees prevalent while filing application relevant

​Andhra Pradesh and Telangana HC rejects assessee-petitioner’s plea that reduced compounding fee @ 3% ​is applicable in view of the revised CBDT guidelines of December 2014, ​holds that guidelines that

Jul 11,2018

HC: Allows petitioner's return uploading without Aadhaar upto June 30th considering PAN-Aadhaar linking extension

Bombay HC grants interim relief to petitioner-assessees, directs Revenue to accept assessees’ income-tax returns for AY 2018-19 without indicating Aadhaar no. / Aadhaar enrolment no. and / or linking with

Jul 10,2018

HC: Quashes ITSC's abatement order, SC's Prabhu Dayal ruling cannot affect assessee's rights

Gujarat HC sets-aside order of Settlement Commission ('ITSC') treating assessee's settlement application as abated, relies on SC ruling in Star Television News Ltd. to hold that Settlement Application would not abate if

Jul 10,2018

HC: Rs. 655 cr refund 'release' for Vodafone, assuages Dept's Idea merger concerns via bank guarantee

Delhi HC directs Revenue to revoke provisional attachment order u/s. 281B and release refund of Rs. 655.67 cr. due to Vodafone Mobile Services Ltd. (assessee) within a week’s time of assessee furnishing

Jul 09,2018

HC: Quashes TP-reassessment notice citing failure to mention income escapement exceeds Rs.1 lakh

Karnataka HC allows assessee's (distributor of diabetic care and other products ) writ, quashes reassessment notice for AY 2006-07; Notes that during assessment proceedings u/s 143(3), TPO had accepted assessee's

Jul 06,2018

HC: Follows ‘real-income’ theory for valuing Bank’s closing stock of securities

Calcutta HC sets aside ITAT order for AY 1990-91, affirms assessee’s manner of valuing closing stock of securities and shares in income tax return at lower of market value or cost as

Jul 06,2018

HC: Distinguishes between tax-recovery notice under Rule 73 & offence u/s 276C; Dismisses 'anticipatory bail' plea

Karnataka HC dismisses assessee-individual’s petition u/s. 438 of Criminal Procedure Code (CrPC) seeking protection from arrest, as assessee not an ‘offender’ but a ‘defaulter’ as per the Second Schedule; Notes

Jul 05,2018

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