ITAT: Upholds PE-constitution for 24 GE Group entities, considers expats job description/appraisal reports

Delhi ITAT upholds Revenue's claim for constitution of fixed place PE as well as dependent agent PE for 24 GE group entities in a batch of 139 appeals taking GE

Jan 30,2017

ITAT: Allows Sec. 80IB/80IC deduction; Account maintenance on ERP-system providing unit-wise P/L sufficient compliance

Delhi ITAT allows selection of its foreign AEs (engaged in sales and distribution activities or secondary manufacturing) as tested party, being the least complex entity, while benchmarking assessee's international transactions; Draws

Jan 28,2017

ITAT: No-balls Revenue's "PMS" googly on Tendulkar; Share trading not 'business' income

Mumbai ITAT dismisses Revenue’s appeal in case of Sachin Tendulkar (‘assessee’) for AY 2010-11, holds that income on sale of shares and mutual funds is taxable under the head of “capital

Jan 25,2017

ITAT: Sec 44BB presumtive taxation not restricted to direct machinery use, Allows taxpayer's claim

Mumbai ITAT holds that income from hiring of vessels (i.e. tug boat) earned by assessee (a UAE company) is eligible for  taxation on presumptive  basis u/s 44BB (special provision for computing

Jan 24,2017

ITAT: ‘Agreement to sell’ date irrelevant for stamp-duty valuation u/s 50C absent consideration payment

Rajkot ITAT upholds Revenue’s action of invoking Sec 50C (relating to substitution of sale consideration with stamp duty valuation) for AY 2011-12 on sale of land by assessee-individual; Assessee had

Jan 23,2017

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