ITAT

ITAT: NR-payments for IPS not taxable as stay in India less than 183 days

Mumbai ITAT deletes addition u/s 40(a)(i) for TDS default on payments made by assessee-company to NR-individuals for providing engineering services for AY 2009-10, TDS u/s 195 inapplicable; Notes that services

Jan 20,2017

ITAT: Extends stay for Google India for AY 2013-14; Appeal delay not attributable to assessee

ITAT grants stay to Google India Pvt. Ltd. (‘assessee’) for AY 2013-14 beyond a period of 365 days, initially stay was granted by ITAT twice for a  period of 6

Jan 19,2017

ITAT: Quashes revision proceedings u/s 263 in IBM case involving over Rs. 1000 cr. additions

Bangalore ITAT quashes Sec 263 proceedings in case of IBM India P. Ltd. for AY 2007-08, in the second round of litigation; Invoking the revisionary jurisdiction u/s 263, CIT(Large Taxpayer

Jan 17,2017

ITAT: Denies new workmen deduction u/s 80JJAA, prefers ‘literal’ interpretation over ‘purposive’ construction

Bangalore ITAT denies Sec 80JJAA deduction to assessee-company (engaged in manufacture & export of computer software) for AYs 2001-02 & 2002-03, as the new workmen employed by assessee fails the

Jan 17,2017

ITAT: CIT cannot invoke revisionary powers u/s 263 to initiate penalty after AO completed assessment

Ahmedabad ITAT quashes CIT’s revision order u/s 263 directing AO to initiate penalty proceedings u/s 271(1)(c) in respect of assessee’s erroneous deduction claim u/s 10B for AY 2010-11; ITAT rules

Jan 16,2017

ITAT: Upholds Sec 14A disallowance; Substantial Rule 8D compliance sufficient, AO’s non-recording of satisfaction irrelevant

Delhi ITAT upholds Sec 14A disallowance despite requisite satisfaction not recorded by AO before making the disallowance; During relevant AY 2009-10, assessee did not make any ‘suo-motu’ disallowance u/s 14A,

Jan 16,2017

ITAT: Pharma co. 'freebies' to doctors allowable deduction, not violative of MCI guidelines

Mumbai ITAT allows deduction u/s 37 to a Pharma co. (‘assessee’) in respect of freebies given to doctors during AY 2010-11, rejects Revenue’s stand that since payments were made in

Jan 13,2017

ITAT: Confirms Sec. 14A disallowance for assessee-dealer in shares, Rejects no expense plea

Chennai ITAT dismisses assessee’s (a dealer in shares and securities)appeal for AY 2009-10, upholds disallowance made u/s 14A disallowance read with Rule 8D; On noting that no disallowance was made

Jan 13,2017

ITAT: Time-charter hire charges, not royalty u/s 9; Distinguishes Poompuhar ruling

Chennai ITAT reverses CIT(A) order for AY 2002-03, payment of hire charges by assessee-charterer (an Indian Company) to Foreign Shipping Companies (‘FSC’) for transportation on a time charter basis not royalty u/s

Jan 13,2017

ITAT: Export commission to non-resident agents not taxable; Differs from AAR's SKF Boilers ruling

Ahmedabad ITAT holds that commission paid to non-resident export commission agents by assessee (an Indian company engaged in manufacturing steel pipes), not taxable in India for AY 2010-11 & Sec

Jan 12,2017

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