ITAT

ITAT: Reopening permissible during appeal-pendency on unrelated issue, but quashes reassessment premised on survey

ITAT circuit bench at Mysore, quashes re-assessment for AY 2005-06,  which was initiated merely on the basis of survey proceedings u/s 133A during the pendency of assessee’s appeal before Bangalore

Apr 12,2017

ITAT: Upholds PE constitution for Arrow's LO; Accepts 40% profit-attribution based on FAR

Bangalore ITAT upholds 40% profit attribution to Indian operations of Arrow Group for AYs 2000-01 to 2004-05 in reassessment proceedings pursuant to survey conducted at liaison office premises, however, upholds restriction of TP-adjustment to 40%

Apr 11,2017

ITAT: Upholds interest dis-allowance for partner proportionate to exempt profit share from firm

Delhi ITAT confirms disallowance of interest on borrowed funds in the hands of assessee-partner (an individual) for AY 2010-11 in view of interest-free advances made to the firm, interest is disallowed

Apr 10,2017

ITAT: Grants charity exemption to Sec. 25 company engaged in cyber security services

Delhi ITAT grants Sec. 11 exemption to assessee (registered u/s. 25 of the Companies Act)  engaged in providing training, seminars, workshops, conferences in connection with data protection and information security during

Apr 07,2017

ITAT: Income from operating ships in international traffic not taxable, applies POEM guidelines

Rajkot ITAT holds that income arising to assessee (a Denmark resident) from operating ships in the international traffic  is not taxable in India pursuant to Article 9 of the Indo Denmark DTAA, applies place

Apr 07,2017

ITAT: 'Actual payment' of royalty, not book-entry triggers Sec. 195 TDS, cites treaty provisions

Ahmedabad ITAT holds that assessee (an Indian company) not liable to deduct TDS u/s 195 at the time of crediting royalty amount to the account of its Italy based group

Apr 06,2017

ITAT: Directs payment of 50% outstanding demand; CBDT’s 2016-Instruction inapplicable to Tribunal proceedings

Bangalore ITAT rejects assessee's (Google India) contention to restrict partial payment to 15% for grant of stay of outstanding demand of Rs. 486 Cr for AY 2012-13, directs deposit of

Apr 06,2017

ITAT: FTC cannot exceed applicable withholding under treaty; Lays down principle for computation

Ahmedabad ITAT sets aside CIT(A)'s order disallowing foreign tax credit (‘FTC’) with respect to taxes withheld on dividend earnings in the US for AY 2009-10 in case of assessee-individual (resident

Apr 05,2017

ITAT: Revenue wins "close call" on FTC; Tribunal bows to SC's "higher wisdom"

Ahmedabad bench of Tribunal reverses CIT(A) order, denies deduction u/s 37(1) of Income-tax Act for that portion of foreign taxes paid for which relief is not available u/s Sec. 90/91;

Apr 04,2017

ITAT: Strategic & financial counselling service payment to US entity neither royalty nor FIS

Ahmedabad ITAT rules that professional fees paid by assessee-company to US entity for rendering ‘Strategic and Financial Counselling’ services, not royalty under Article 12(3) of India-US DTAA for AY 2009-10; ITAT notes

Apr 04,2017

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