Tag Archives: Madras High Court

Madras H.C : Where any such amendment has the effect of reducing the assessment or otherwise reducing the liability of the assessee or the deductor or the collector, the Assessing Officer shall make any refund which may be due to such assessee or the deductor or the collector

High Court Of Madras Union Of India And Others vs. Dr. L. Subramanian And Another[...]

Madras H.C : Value of shares allotted to individuals would amount to unexplained cash credit

High Court Of Madras V.R. Global Energy Pvt. Ltd. Vs. ITO Section 68 Asst. Year[...]

Madras H.C : Whether any part of the capital gain from transfer of the residential house is exempt from the capital gain tax and if so to what extent

High Court Of Madras C. Aryama Sundaram vs. CIT Indira Banerjee, CJ & Abdul Quddhose,[...]

Madras H.C : The appellant challenging a show cause notice issued to the appellant under Section 163(1)(c)

High Court Of Madras Wabco India Limited vs. DCIT (International Taxation) Indira Banerjee, CJ &[...]

Madras H.C : The ITAT is right in disallowing the claim of agricultural income of the assessee, which having failed to appreciate the evidence available on record by traversing beyond the scope of the records and against the findings given by the various statutory and judicial authorities as also the admissions made in the remand report by the assessing officer

High Court Of Madras B. Jayalakshmi vs. ACIT Section 260A(7), 80-IB Asst. Year 1995-96, 1996-97[...]

Madras H.C : Whether commission paid by an exporter to a non-resident agent and/or a foreign agent for service provided outside India for procuring orders is taxable in India ?

High Court Of Madras Evolv Clothing Company Pvt. Ltd. vs. Assistant Commissioner Of Income Tax[...]

Madras H.C : The expenses were capital in nature even though such expenses were incurred for ‘possible expansion’ of the existing business

High Court Of Madras Tamilnadu Magnesite Ltd. vs. ACIT T. S. Sivagnanam & N. Seshasayee,[...]

Madras H.C : As no notice was issued by the Assessing Officer intimating his intention to invoke the explanation to Section 271(1)(1)(c) the appellant had no opportunity of meeting the case under the explanation. Hence, levy of penalty under the explanation, therefore, is not sustainable

High Court Of Madras CIT, Thiruvananthapuram v. Smt. Vasantha Anirudhan Section 271, 69 Assessment year[...]

Madras H.C : Where assessee’s case was transferred from one place to another in same city, in view of provisions of sub-section (3) of section 127, assessee could not plead for an opportunity of hearing before order of transfer

High Court of Madras Advantage Strategic Consulting (P.) Ltd. vs. Pr.CIT, Chennai-1 Section 127 S.[...]

Madras H.C : Refund to assessee could not be denied merely due to issuance of notice for scrutiny under section 143(2)

High Court Of Madras Randstad India (P.) Ltd. Vs. DCIT, Large Tax Payer Unit-1, Chennai[...]

Madras H.C : Where assessee filed writ seeking permission to file ITR without quoting Aadhar No., and contended that SC had in Binoy Viswam v. UOI [2017] 396 ITR 66/249 Taxman 290/82 taxmann.com 211 granted partial stay on section 139AA, since Supreme Court had not stayed proviso to Sub-section (2) of section 139AA, writ was to be dismissed

High Court Of Madras Thiagarajan Kumararaja Vs. Union of India Section : 139AA, 114B Assessment[...]

Madras H.C : Where Commissioner (Appeals) made an observation that addition made by AO under section 68 represented capital introduced by partners of assessee-firm, AO could initiate suitable proceedings for looking into matter as said aspect of capital introduction by partners had not been examined earlier

High Court Of Madras Alfa Investments vs. ITO, Chennai Section 147, 150 Assessment years 2010-11[...]

Madras H.C : Interest under section 234B can be charged only upto stage of section 245D(1) and not section 245D(4)

High Court Of Madras N.Chellakutty (HUF) vs. Income Tax Settlement Commission, Chennai Section 234B, 245D[...]

Madras H.C : Where revenue made addition on account of suppressed receipts in case of medical practitioner, Tribunal in absence of materials or discussion of evidence could not have allowed 42 per cent deduction from gross receipts towards non-receipt of fees and cost of medicines

High Court Of Madras CIT, Chennai Vs. Dr. Hakeem S.A. Syed Sathar Section : 69A,158BC[...]

Madras H.C : WGI had written off the monies in question, when the Appellant – Assessee’s specific plea was that these monies had been converted into equity

High Court Of Madras Transworld Garnet India (P.) Ltd. Vs. ACIT, Company Circle III(2), Chennai[...]

Madras H.C : powers of an Assessing Officer under sub-section (13) of 144 C have clearly been limited to giving consequence to the directions of DRP and cannot extend any further ?

High Court Of Madras CIT, Chennai Vs. Sanmina SCI India (P.) Ltd. Section : 92C,[...]

Madras H.C : provisions of section 11(6) of the Act inserted with effect from 1.4.2015 shall operate prospectively with respect to assessment year 2015-2016 only

High Court Of Madras Director of Income-tax Exemption III, Chennai Vs. Medical Trust of the[...]

Madras H.C : Whether on facts and circumstances of the case the Appellate Tribunal was correct in deleting the penalty levied u/s. 271(1)(c)

High Court Of Madras Pr.CIT-4, Chennai vs. Hemalatha Rajan Section : 271(1)(c), 206A Assessment Year[...]

Madras H.C : The assessee is definitely showing low rate of profits in comparison to the regular civil construction and hence profit can be estimated by the Assessing Officer in the instant case in the absence of regular bills and vouchers

High Court Of Madras Pr.CIT, Chennai vs. Marg Ltd. Section 145 Assessment year 2012-13 Ms.[...]

Madras H.C : Where industrial unit had separate premises, separete labour force, separate license and electricity connection and value of machines transferred from existing unit to said unit was within permissible limit of 20 per cent same would be entitled to claim deduction under section 80-IB separtely

High Court Of Madras ACIT, Circle -I, Pondicherry Vs. Leo Fasteners Section 80-IB, 80-IA Assessment[...]

Madras H.C : Where High Court had given direction to consider application for compounding, mere pendency of appeal against conviction could not be a reason for refusing consideration of issue of compounding

High Court Of Madras Government of India, Ministry of Finance, Department of Revenue (Central Board[...]

Madras H.C : Where DRP chooses to reject objections filed by assessee either on merits or on ground of delay, it would itself constitute a direction to Assessing Officer to complete assessment in accordance with draft order as contemplated under section 144C(5)

High Court Of Madras Inno Estates (P.) Ltd. Vs. Dispute Resolution Panel-2, Bengaluru Section 92C,[...]

Madras H.C : the Tribunal was right in directing the AO to consider the claim made under Section 80IB(10) even though the assessee did not make any such claim in the return of income filed

High Court Of Madras CIT, Chennai vs. Abhinitha Foundation (P.) Ltd. Assessment year 2011-12 Section[...]

Madras H.C : Once assessee had paid reassessed tax along with interest under sections 234A, 234B and 234C after reassessment order was passed, assessee could not claim waiver of such interest invoking Circular No. 400/29/2002

High Court Of Madras CCIT, Chennai-34 vs. Rajanikant & Sons Section 234A, 234B, 234C Assessment[...]

Madras H.C : Where as per survey report, two adjacent flats purchased by assessee formed a single residential unit, mere fact that subject flats were purchased by two separate sale deeds and had separate electricity meter connections, would not necessarily lead to conclusion that there were two separate residential units and, thus, assessee’s claim for deduction under section 54F could not be rejected on said basis

High Court Of Madras Abhijit Bhandari vs. Pr.CIT -5, Chennai Section 54F, 263 Assessment year[...]

Madras H.C : The assessment of share capital contribution in terms of Section 68 of the Act even though the decision of the Supreme Court in the case of M/s. Steller Investments Limited would nullify such an action in the hands of the Appellant on various grounds

High Court Of Madras B.R. Petrochem Pvt. Ltd. vs. ITO Section 260A Asst. Year 2001-02[...]

Madras H.C : The value of the broken bottles need not be reduced from the written down value for the purpose of calculation of short term capital gains arising from sale of bottles

High Court Of Madras CIT, Chennai vs. Alankar Business Corporation Ltd. Section 50 Nooty Ramamohana[...]

Madras H.C : the registration granted to the assessee under section 12A(a) would hold good, even though the assessee’s main object in publication, purchase and sale of books which are not definitely charitable activity and the activities are purely a commercial venture with profit motive is valid

High Court Of Madras CIT-I, Madurai vs. Sarvodaya Ilakkiya Pannai Assessment Years 2008-09 To 2010-11[...]

Madras H.C : the assessee being an employee of a foreign company receiving a portion of salary in India is eligible for exemption under Articles 16(1) and 16(2) of the Double Taxation Agreement between India and UK

High Court Of Madras CIT, Chennai vs. Ravi Rajagopal Assessment Year : 2001-02 Section :[...]

Madras H.C : earlier year’s bonus is to be deducted from the book profit under section 115J

High Court Of Madras CIT vs. Swamiji Mills Ltd. Assessment Year : 1989-90 Section :[...]