HC

HC: Restricts taxman's 'unlimited' TDS calls to Airtel on non-resident payments

Delhi HC relies extensively on co-ordinate bench judgment in Vodafone Essar to allow Bharti Airtel's writ petition, rules that show cause notice must be issued within a 'reasonable' time even

Dec 20,2016

HC: Sec 245D(4A) time-limit for passing Settlement Commission order mandatory, not directory; Distinguishes Star TV ratio

Karnataka HC allows assessee’s writ, quashes order passed by Income Tax Settlement Commission (‘ITSC’), being barred by limitation for AYs 2006-07 to AY 2012-13, upholds invocation of Sec 245HA(1)(iv) [which

Dec 20,2016

HC: Revenue debarred from re-looking assessee’s set-off claim by invoking Sec. 147

Delhi HC allows assessee’s writ, quashes reassessment proceedings initiated u/s 147/148 for AY 2004-05; Revenue initiated reassessment proceedings on the ground that assessee should have desisted from filing Form. 56F

Dec 16,2016

HC: Reopening valid absent assessee establishing genuineness of share-capital receipt & investors' creditworthiness

Delhi HC dismisses assessee-company’s writ for AY 2008-09, upholds reassessment proceedings initiated u/s 147/148 on account of assessee’s failure to substantiate genuineness of transactions relating to receipt of share capital; Observes that

Dec 16,2016

HC: Allows VRS exemption to retired ICICI bank employee despite belated tax-return

Madras HC allows writ filed by assessee (a senior citizen and a retired employee of ICICI Bank), grants VRS exemption u/s 10(10C) in respect of amount received under the Early Retirement Option Scheme, 2003;

Dec 15,2016

HC: AO obliged to grant stay pending CIT(A) appeal if 15% demand paid

Bombay HC sets-aside CIT’s order refusing to grant stay of demand to assessee for AY 2012-13; During relevant AY, assessee filed a loss return which was assessed at a demand

Dec 15,2016

HC: Upholds prosecution for filing false tax return declaration; Benevolent circular inapplicable

Karnataka HC dismisses assessee’s criminal petition seeking quashing of prosecution proceedings launched u/s 276(C)(2) read with Sec 277 for filing false declaration alongwith the return of income; On noting that

Dec 13,2016

HC: Forex gain on 'project receivables’ blocked for 11-years lose revenue nature

Calcutta HC confirms ITAT order for AY 2003-04, holds that excess amount of Rs. 37.91 cr received by assessee on account of exchange fluctuation in relation to foreign projects receivable (which

Dec 09,2016

HC: Reverses ITAT; Concealment penalty unsustainable on DRE-deduction claim despite earlier year disallowance

Bombay HC reverses ITAT order, rejects imposition of penalty u/s 271(1)(c) with respect to ‘bonafide’ claim of deferred revenue expenditure (‘DRE’) made by assessee during AY 1989-90, but disallowed by

Dec 09,2016

HC: Subsequent positive net-worth triggers capital-gains tax liability for a 'sick' company

Delhi HC upholds assessee’s liability to pay capital gains tax  despite being subjected to the revival scheme sanctioned by the Board for Industrial and Financial Reconstruction (‘BIFR’) directing granting of

Dec 09,2016

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