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Last Updated : Monday 16th March, 2015 - 1:04pm
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Category Archives: High Court Orders
   

High Court Orders

2015-ITS-143-HC-Sony Ericsson Mobile Communications India (P.) Ltd. -Vs- Commissioner of Income-tax -III , On. MARCH  16, 2015

Where AO/TPO accepts comparables adopted by assessee, with or without making adjustments, as a bundled transaction, it would be illogical and improper to treat AMP expenses as a separate international transaction – If functions performed by tested parties and the comparables match, with or without adjustments, it would mean that AMP expenses are duly accounted for – It would be odd to accept comparables and determine or accept transfer price and still segregate AMP expenses as an international transaction Continue reading

2015-ITS-142-HC-Onmobile Global Ltd. -Vs- Chairman, Authority for Advance Rulings (Income-tax) , On. MARCH  6, 2015 

In a case like this, where a party seeks Advanced Ruling, under the provision of the Income Tax Act, from the Authority to find out as to whether certain provisions of the Act would be applicable in the case of the applicant-writ petitioner or not, the endeavour of the Authority should be to decide the case on merits and settle the issue between the parties in advance and not throw out the application on mere technicalities. The purpose of introducing the concept of Advance Ruling is to minimize the litigation so that the parties (assessee and the Department) may come to a definite conclusion as to whether the assessee would be liable to pay the tax or not. Continue reading

2015-ITS-85-HC-Commissioner of Income-tax -Vs- Engineers India Ltd. , On. FEBRUARY  26, 2015 

 Refund of excess self-assessment paid by assessee would not be eligible for interest under section 244A as the provisions of section 244A would not apply thereto Continue reading

2015-ITS-84-HC-Commissioner of Income-tax, Mumbai City -II -Vs- Sham L. Chellaram , On. FEBRUARY  18, 2015 

Short-term capital gains arising on sale of assets is not income ‘derived from’ foreign exchange asset so as to qualify as ‘investment income’ within the meaning of section 115E of the Act so as to be entitled to concessional tax rate of 20% Continue reading

2015-ITS-86-HC-SREI Infrastructure Finance Ltd. -Vs- Additional Commissioner of Income-tax , On. FEBRUARY  13, 2015 

 For the purpose of section 115JB of the Act, statutory reserves (such as reserve required to be created by NBFC under section 45-IC of the RBI Act,1934) are to be treated alike and in a similar manner as other reserves. Continue reading

2014-ITS-1852-HC-Sarla Performance Fibers Ltd. -Versus – C. (ADJUDICATION), C.E., MUMBAI

Goods removed with intention to evade payment of duty for which penalty was imposed under Rule 173Q read with Rule 209 of erstwhile Central Excise Rules, 1944. There being intent to evade payment of duty, order imposing penalty upheld. Appeal dismissed. Continue reading

2015-ITS-83-HC-Rashmikant Kundalia -Vs- Union of India , On. FEBRUARY  9, 2015 

Section 234E of the Income Tax Act, 1961 does not violate any provision of the Constitution and is therefore intra vires, Constitution of India. The fee sought to be levied under section 234E of the Income Tax Act, 1961 is not in the guise of a tax that is sought to be levied on the deductor. Continue reading

2015-ITS-141-HC-Rashmikant Kundalia -Vs- Union of India*, On. FEBRUARY  6, 2015 

Late filing of TDS returns by deductor causes inconvenience to everyone and section 234E levies a fee to regularize said late filing and is not in guise of a tax nor is it onerous; levy is constitutionally valid Continue reading

2015-ITS-82-HC-HCL Ltd. -Vs- Commissioner of Income-tax, New Delhi , On. FEBRUARY  3, 2015

Where the agreement refers to the tenure of five years unless it is terminated earlier, but the confidentiality obligation subsists and would be applicable even subsequently, lumpsum payment thereunder is “royalty” since what was conferred and granted was mere right to use or permission to use the intellectual rights and knowhow. Continue reading

2015-ITS-139-HC- Commissioner of Income Tax-IV  -Vs- Hero Honda Motors Ltd.* , On. FEBRUARY  3, 2015 

Where assessee, engaged in manufacturing and selling of motorcycles, made payment of royalty to a foreign company for merely acquiring right to use technical know how whereas ownership and intellectual property rights in know how remained with foreign company, payment in question was to be allowed as business expenditure Continue reading

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