ITAT

ITAT: Supply of software not ‘Royalty’ under India-Ireland DTAA; Follows co-ordinate–bench

Mumbai ITAT holds that software  receipts from Reliance not taxable in the hands of assessee-company (tax resident of Ireland) during AY 2010-11 under India-Ireland DTAA ; During the relevant AY,

Jan 19,2018

ITAT: Upholds CIT(A)'s order; Deletes book-profit addition towards diminution in current investment value

Mumbai ITAT upholds CIT(A)’s order for AY 2008-09, holds that the diminution (i.e., difference of cost and fair value as on balance sheet date) in value of current investment being

Jan 19,2018

ITAT: No Sec. 271D penalty for accepting cash loan from sister-in-law and nephew

Kolkata ITAT quashes penalty levied u/s 271D/E (for violating Sec. 269SS/269T conditions by accepting / repaying loan in cash) on individual – assessee during AY 2005-06; During the relevant AY

Jan 19,2018

ITAT: Pharma co's marketing expense deductible, doesn't violate MCI-regulations; CBDT's 2002 circular inapplicable

Mumbai ITAT allows deduction u/s 37 to a Pharma co. (‘assessee’) for AY 2011-12​ in respect of advertisement and publicity expenses, rejects Revenue’s stand that expenditure ​was made in violation of ​Medical Council of India's (​MCI​)regulations; ITAT

Jan 19,2018

ITAT: Quashes revision considering 2 views on quantum of exemption for partner's profit-share

Kolkata ITAT quashes CIT’s revision u/s 263 for AY 2013-14, observes that there are two views possible on the issue as to whether the assessee-partners would be entitled to exemption

Jan 15,2018

ITAT: Imposes stay conditions similar to Google, directs Vodafone to pay further Rs. 5 cr.

Bengaluru ITAT directs Vodafone Mobile Services Ltd. (‘assessee’) to pay Rs. 5 Cr on or before January 31, 2018 and retain balance of another 20% (rounded off to Rs. 10

Jan 15,2018

ITAT: Sec. 200A amendment enabling Sec. 234E fee collection, prospective ; Follows Sibia Healthcare (co-ordinate bench)

Ahmedabad ITAT deletes levy of fee u/s 234E (for late filing of TDS statements) through the order of intimation u/s 200A on assessee-individual during AY 2014-15, rules that the amendment

Jan 12,2018

ITAT: Addition u/s 68 not sustainable for inability of donors to establish source

Chennai ITAT deletes the addition u/s. 68 for AY 2012-13 for the gifts received by assessee from husband & close relatives; ITAT holds that merely because the donors could not

Jan 12,2018

ITAT: Denies carry forward of unabsorbed depreciation u/s 72A; Amalgamating co not ‘industrial undertaking’

Bangalore ITAT rejects assessee's (amalgamated company) claim of carry forward of unabsorbed depreciation u/s. 72A for AY 2010-11, holds that the amalgamating company is not an ‘industrial undertaking’ as per

Jan 12,2018

ITAT: Payment for IT outsourcing services under contract subject to TDS u/s. 194J, not Sec.194C

Ahmedabad ITAT holds that payment for  information technology (IT) related services rendered to assessee-company (manufacturer of rail coaches) by vendor company (CSCIPL)  during AYs 2008-09 to 2014-15 should be treated

Jan 12,2018

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