ITAT: No TDS on assessee's UK Branch payments towards advertisement/consultancy charges to NR

Mumbai ITAT rejects applicability of TDS u/s 195 on payment of advertisement expenses and professional and consultancy fees paid to foreign nationals by the UK branch of assessee (a domestic

Jun 05,2018

ITAT: Rejects 50% profit-attribution to Indian branch on HO's sales absent economic nexus

Delhi ITAT rejects AO’s attribution of 50% profits made by Corning SAS in France (AE), from direct sales made in India, to its India Branch office (BO) for AY 2005-06;

Jun 05,2018

ITAT: Deletes Rs. 3200 cr. addition, Department erred in invoking ‘indirect transfer’ provision for resident

Mumbai ITAT deletes over Rs. 3,200 cr. capital gains addition made by AO invoking Explanation 5 to Sec. 9(1) [relating to indirect transfers] in case of resident company (‘assessee’) during

Jun 04,2018

ITAT: Capital-gains under JDA assessable in year of passing 'vacant' possession to developer

Hyderabad ITAT holds that the capital gain on transfer of property under joint development agreement (JDA) is attracted in the year in which the assessee-landowner gives vacant possession of the

Jun 01,2018

ITAT: Software payments not royalty under India-UK DTAA, follows Infrasoft ruling

Delhi ITAT rules that consideration received by assessee (a UK-based company engaged in development and distribution of software products) during AYs 2008-09 to 2011-12 and AY 2013-14 from its distributors/customers

Jun 01,2018

ITAT: TDS applicable on sub-contracting charges absent direct employee payment; Rejects reimbursement plea

Cochin ITAT rejects assessee’s (a software company) stand that payment to its sister concern (‘USTIPL’) under the sub-contracting agreement amounts to reimbursement of expenses, upholds applicability of TDS u/s 194J; Perusing agreement

Jun 01,2018

ITAT: Builder’s land payment in cash meets business expediency test, deletes Sec 40A(3) disallowance

Jaipur ITAT deletes disallowance u/s 40A(3) with respect to cash payment made by assessee-firm (engaged in real estate business) against purchases of land during AY 2013-14, observes that the payment was

May 31,2018

ITAT: Asks assessee to come clean on 1.76 cr shares 'gifting', O.P. Jindal group 'family realignment' genuineness

Delhi ITAT refuses to delete Rs. 489 cr capital gains addition, however gives one more chance to assessee (Gagan Infraenergy) to establish the 'genuineness' and 'validity' of  the  transaction that it

May 30,2018

ITAT: Daikin's Indian subsidiary constitutes DAPE; Attributes profits, TP-analysis not adequately reflecting FAR

Delhi ITAT rules that the wholly owned Indian subsidiary of Daikin Industries Ltd. (assessee, a Japanese company), constitutes assessee’s dependent agent PE for AY 2006-07; Holds that the entire activities of identifying

May 30,2018

ITAT: Rejects 'receipts-basis' taxation for advances received by land-owner under development agreement

Pune ITAT  accepts assessee’s (land owner) plea that advance received from developer towards flat booking shall not be taxable in subject AY 2009-10 on receipt basis, but in subsequent AY when the

May 29,2018