ITAT

ITAT: Time-charter hire charges, not royalty u/s 9; Distinguishes Poompuhar ruling

Chennai ITAT reverses CIT(A) order for AY 2002-03, payment of hire charges by assessee-charterer (an Indian Company) to Foreign Shipping Companies (‘FSC’) for transportation on a time charter basis not royalty u/s

Jan 13,2017

ITAT: Export commission to non-resident agents not taxable; Differs from AAR's SKF Boilers ruling

Ahmedabad ITAT holds that commission paid to non-resident export commission agents by assessee (an Indian company engaged in manufacturing steel pipes), not taxable in India for AY 2010-11 & Sec

Jan 12,2017

ITAT: IT-support payments to Canadian-AE involving equipment not 'royalty' absent vested 'right to use'

Ahmedabad ITAT dismisses Revenue’s appeal for AY 2013-14, payment towards IT support services by assessee (an Indian company) to its associated enterprise (‘AE’) in Canada not taxable as royalty under

Jan 11,2017

ITAT: FTC eligible on 'income', not 'gross-receipts'; Allows taxpayer's claim considering 'unique' facts

Ahmedabad ITAT allows foreign tax credit (‘FTC’) claimed by assessee (an Indian company engaged in software development) in respect of taxes withheld in Singapore and Indonesia on receipt from software

Jan 11,2017

ITAT: Special Bench declines 'academic' adjudication on appeal maintainability against CIT(A)’s stay-petition rejection

Panaji ITAT Special Bench (‘SB’) holds that adjudication upon maintainability of appeal before ITAT u/s 253 against CIT(A)’s refusal to grant interim stay of demand in the facts of the

Jan 10,2017

ITAT: Quashes CIT’s Sec 263 order directing brought forward loss set-off against Sec 10A profits

Mumbai ITAT quashes CIT’s order u/s 263 directing AO to set  off the brought forward losses, while computing deduction u/s 10A for AYs 2010-11 & 2011-12; ITAT takes note of

Jan 06,2017

ITAT: Common utility terminal payments by airlines, a payment for ‘facility’, not FTS

Mumbai ITAT holds that payments made by assessee (a Foreign Airline company) for common utility terminal charges (CUTE) during AY 2010-11, constitutes a payment for ‘facility’ and not fees for

Jan 06,2017

ITAT: Deletes interest disallowance u/s 14A considering free funds availability, end-use trail not necessary

Ahmedabad ITAT deletes disallowance u/s 14A read with Rule 8D, holds that the approach of lower authorities to attribute part of interest to investment yielding tax exempt income was incorrect considering that the

Jan 06,2017

ITAT: Directs fresh investigation into Kalaignar TV 2G money trail; "Source can't be farce"

Chennai ITAT remits Kalainagar TV’s 2G matter involving Rs. 200 cr ‘unexplained cash credit’ addition u/s 68 for AYs 2009-10 & 2010-11, for fresh consideration directing AO to give assessee

Jan 02,2017

ITAT: Sets-aside CIT(A) order rejecting assessee’s additional evidence, battling with wife’s illness

Delhi ITAT allows assessee’s (individual) appeal for AY 2011-12, sets aside CIT(A) order upholding additions on account of unexplained cash deposits without considering fresh evidences filed by assessee; Notes that the assessee was

Dec 30,2016

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