Weekly DT Digest

ITAT: Australian company's ONGC contract, divisible; Rejects composite taxability plea

Mumbai ITAT rules that activities carried out by assessee-company (Australian tax resident) under contract with ONGC were separate,

Jul 20,2018

ITAT: Excludes service tax collected from total receipts u/s 44B

Mumbai ITAT holds that service tax collections by the assessee would be excluded from the total receipts for

Jul 20,2018

HC: Disallows director’s son higher education expenditure, absent nexus with business.

Bombay HC disallows assessee-company’s (engaged in manufacturing copper foils) claim of expenditure incurred on higher education of one

Jul 20,2018

ITAT: Rules on Indian co.’s FTC entitlement on taxes withheld by US subsidiary .

Delhi ITAT rules on assessee’s (an Indian company) entitlement for foreign tax credit (‘FTC’) with respect to taxes

Jul 20,2018

ITAT: Sale of hardware alongwith embedded software, not royalty; Installation/ support services, not FTS

Delhi ITAT deletes tax and interest liability u/s 201(1)/(1A) in case of assessee-company (providing software development support to

Jul 13,2018

ITAT: Affiliation fee payment to US-company, not royalty absent transfer of technology

Hyderabad ITAT deletes 40(a)(ia) disallowance for AY 2006-07, holds payment of affiliation fee to a US company by assessee-company (a

Jul 13,2018

HC: Quashes order of attachment passed in name of assessee’s deceased son

Madras HC quashes order of attachment of property passed in the name of assessee’s deceased son who died in June

Jul 13,2018

SC: Dismisses Revenue’s SLP; No re-assessment merely based on ‘Sauda-Chitthi’ for land-sale

SC dismisses Revenue’s SLP on the ground of delay as well as on merits against Gujarat HC order

Jul 13,2018

HC: AO can entertain claim of erroneous deduction without revised ROI, relies on NTPC

Kerala HC holds that AO can entertain assessee’s claim of deduction u/s 80G, despite erroneously claimed u/s. 37

Jul 13,2018

HC: Denies deduction for acquiring film distribution rights absent revenue realization on exhibitions

Kerala HC upholds ITAT order for AY 2004-05, denies deduction for expenditure incurred by assessee-company on acquisition of

Jul 13,2018

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