Weekly DT Digest

HC: Interest on mobilization advance to contractors, a capital receipt; Dissents from co-ordinate bench

Kerala HC reverses ITAT order, rules that interest received by assessee (engaged in construction of roads / bridges)

Jul 27,2018

HC: Directs AO to consider assessee’s claim u/s 80HHC when SC had nullified retrospective amendment to 80HHC(3)

Kerala HC directs ACIT to consider assessee’s claim of deduction u/s 80HHC where the retrospective amendment to Sec.

Jul 27,2018

ITAT: Amount received under compromise agreement for surrendering rights in property – Capital Gains

Pune ITAT holds that amount received on surrendering rights in connection with land under compromise agreement with Developer

Jul 27,2018

ITAT: No notional value on unsold shops held as stock in trade

Mumbai ITAT deletes AO’s addition of notional annual letting value on unsold shops of assessee for AY 2012-13;

Jul 20,2018

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

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