ITAT

ITAT: Preparatory work unconnected to installation site not relevant for determining Installation-PE threshold period

Delhi ITAT accepts assessee's (company incorporated in Cyprus) contention of non-constitution of 'installation PE' under clause 5(2)(g) of India Cyprus treaty pursuant to award of contract  by another foreign entity (AMC)

Aug 01,2018

ITAT: Quashes time-barred assessment, despite initiated pursuant to CIT's direction u/s. 119

Indore ITAT rules that CIT is not empowered to direct AO to issue notice u/s 143(2) after expiry of normal limitation period, quashes time-barred assessment for AY 2000-01 on assessee-firm; Notes that

Aug 01,2018

ITAT: ‘Predominant object theory’ inapplicable post Sec 2(15) amendment; 'Davis Cup Match’ income, not exempt

Chandigarh ITAT rules that by virtue of commercially exploiting the rights of hosting the ‘Davis Cup Match’, Chandigarh Lawn Tennis Association (assessee) was involved in carrying out incidental ‘business’ activity

Jul 31,2018

ITAT: Ahmedabad ITAT suo-moto identifies and disposes around 750 cases with low tax effect

Ahmedabad ITAT suo-moto identifies 697 cases with low tax effect and disposes off the same, pursuant to CBDT circular dated  July 11, 2018 directing withdrawal of Dept. appeals before ITAT where tax

Jul 28,2018

ITAT: Labour payments through maistries, not a contract, Sec. 194C inapplicable

Visakhapatnam ITAT holds that the payments made by assessee (engaged in the business of transport and other allied shipping activities) to the labour through maistries cannot be construed as a

Jul 27,2018

ITAT: Disallows expenditure on free distribution of cigarettes to promote sale of IMFL & Beer

Mumbai ITAT denies deduction u/s. 37 for sales promotion expenditure incurred by assessee (a wholesaler of IMFL and beer) during AY 2012-13 for free distribution of tobacco products (cigarettes and

Jul 27,2018

ITAT: Due diligence fee for raising equity to meet working-capital requirement, revenue expenditure

Mumbai ITAT allows deduction for professional fees / merchant banking fees paid to PwC and other financial advisors for conducting financial and legal due diligence during AY 2008-09, observes that

Jul 27,2018

ITAT: Amount received under compromise agreement for surrendering rights in property – Capital Gains

Pune ITAT holds that amount received on surrendering rights in connection with land under compromise agreement with Developer would be taxable as capital gain, however accepts assessee’s contention that amount

Jul 27,2018

ITAT: Allows Sec. 89 relief on arrears of superannuation fund contribution, ‘salary’ includes ‘perquisites’

Agra ITAT allows Sec. 89 relief to assessee-employee with respect to arrears received in lieu of employer's contribution to an approved superannuation fund [taxable as perquisite u/s. 17(2)(vii)] during AY

Jul 26,2018

ITAT: Registered GPAs legalized ‘un-registered’ JDA, upholds capital-gains taxation; Distinguishes Balbir Singh Maini

Chennai ITAT upholds capital gains taxability for assessee-firm (land-owner) in AY 2013-14 i.e the year in which the unregistered JDA was executed coupled with the two registered General Power of Attorneys

Jul 26,2018

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