ITAT: Upholds TDS-liability on software payment applying Samsung; Rejects 'impossibility of performance' plea

Bengaluru ITAT upholds disallowance u/s 40(a)(i) for AY 2011-12 citing failure of assessee to deduct TDS on software payment, sets aside order of CIT(A) who allowed assessee's 'impossibility of performance'

Jun 15,2018

ITAT: Deletes unexplained cash credit addition as assessee not maintaining books of accounts

Delhi ITAT deletes addition u/s 68 [dealing with unexplained cash credits] in respect of cash deposited in the bank accounts of assessee-individual during AYs 2010-11 to 2012-13, despite assessee being

Jun 14,2018

ITAT: Conducting ‘training’, providing CRS access to Marriott Hotels, not FTS for Dutch affiliate

Mumbai ITAT rules that consideration received by assessee (a Dutch company, part of the Marriott group) for the services rendered to the Indian Hotels under the Training and Computer Systems

Jun 12,2018

ITAT: Assessee's tripartite agreement with land-owner & developer not 'works-contract', TDS u/s 194C inapplicable

Bangalore ITAT upholds CIT(A) order for AYs 2008-09 to 2011-12, TDS u/s. 194C is not applicable on consideration paid by ITC Employees Housing Society (assessee) pursuant to a tripartite agreement/MOU

Jun 11,2018

ITAT: Allows Sec 10A benefit on ‘Dossier’ prepared by Pharma co. ; manufacture/production test satisfied

Mumbai ITAT grants Sec. 10B benefit to assessee (a pharma company) on export profits earned by its contract manufacturing and research division (STAR unit, an approved EOU) during AY 2007-08 with respect

Jun 11,2018

ITAT: Raises alarm over illegal coercive recoveries, directs CBDT to take necessary action

Chandigarh ITAT raises an alarm over illegal coercive recoveries by Departmental officials in order to achieve their targets at the close of the financial year i.e. by 31st March of the year,

Jun 09,2018

ITAT: Allows long term capital loss claim, group company's share transfer, not sham

Mumbai ITAT allows assessee-company's claim of long term capital loss (LTCL) arising on sale of shares of group companies during AY 2005-06, allows set-off against long term capital gains arising

Jun 09,2018

ITAT: Allows loss carry-forward claim in Sec.153A return, ‘belated’ original return u/s. 139 irrelevant

Delhi ITAT allows carry forward of business loss claimed by assessee-company in the return of income filed u/s 153A (relating to assessment in search cases), although the same was denied

Jun 08,2018

ITAT: Reckons continuing partner's asset holding period from date of firm's dissolution

Mumbai ITAT rejects long term capital gains (LTCG) treatment to gains arising on sale of industrial unit (‘asset’) during AY 2005-06 which was acquired by assessee-individual on dissolution of partnership

Jun 08,2018

ITAT: Allows taxpayer to change selection of ‘Self occupied property’ at assessment stage

Mumbai ITAT allows assessee (a salaried employee) to change property declared as Self Occupied Property (‘SOP’) for the purpose of computing Income from House Property for AY 2011-12; ITAT notes

Jun 08,2018