Recent decisions of High Court

Enclosed are the following recent decisions of the High Court:

Name of the Party	Appeal No.	Date of decision	Authority/Court	In favour of	Issue Involved
The Metal Rolling Works Ltd.	ITA(LOD) 966/ 2011	11.10.2011	Bom. HC	Assessee	·      The Court, on the facts of the case held that penalty under section 271(1)(c) of the IT Act could not be imposed where there was difference of opinion between assessee and AO as to the year of chargeability of capital gains. ·      The Court, on the facts of the case had further observed that levy of penalty was not justified where the AO by issuing various SCN itself changes the stand to be adopted.
Yash Raj Films Private Limited	WP© No.2471 & 2472/Del/2010	17.10.2011	Bom. HC	Revenue	·      The Court, on the facts of the case, following the decision of the Supreme Court in the case of Kelvinator India : 320 ITR 561, uphold the intiation of reassessment proceedings by the assessing officer within 4 years on the ground that there was sufficient tangible material before the AO in the form of reconciliation statement filed by the assessee and various other documents impounded during the course of survey.
M/s BKI/HAM	I.T.A No. 34 of 2007	14.10.2011	Uttaranchal HC	Assessee	·      The Court, on the facts of the case, held that the assessee nonresident company was not having any installation/construction PE under Article 5(3) of India – Netherlands DTAA as the concerned project was not continued for a period of six months. ·      The Court, on the facts of the case, further observed that provisions of Article 5(3) of the DTAA provides a specific provision which covers the provision of Article 5 (2) of the DTAA also.

 By

Rohit Garg

 

B.Com(H), ACA,LLB