2016-TIOL-1640-HC-DEL-IT + Story

PR CIT Vs BHARAT SANCHAR NIGAM LTD (Dated: August 1, 2016)

Whether the provisions of Sec 80IA(2A) treat a telecommunication services undertaking as a separate species warranting a different treatment - YES: HC

Whether in the absence of 'derived from', the requirement of first degree nexus in Sec 80IA does not apply to undertakings providing telecommunication services covered u/s 80IA(2A) - YES: HC

Revenue's appeal dismissed

2016-TIOL-1639-HC-DEL-IT + Story

HINDUSTAN COCA COLA BEVERAGES PVT LTD Vs JCIT (Dated: August 1, 2016)

Whether an order passed under Section 201 (1) is an assessment order - NO: HC

Whether when the assessee accepts the finality of order in the context of quantum proceedings, it is not open to the assessee to agitate the same issue in Sec 271C proceedings - YES: HC

Whether when the assessee challeges the order imposing interest u/s 201(1) it can be presumed that it has challenged the Board Circular of 1995 on the issue of short deduction of tax and no penalty u/s 271C can be imposed - YES: HC

Whether the fact that the CBDT had to issue Circulars to settle the issue to deduct tax at source under Ss 194C or 194I no penalty is warranted in such a case - YES: HC