ITAT: Sec 200A intimation levying Sec 234E fee appealable; Distinguishes Rashmikant Kundalia (Bom HC) ruling

Pune ITAT while adjudicating a bunch of appeals upholds assessee’s grievance, deletes fee levied u/s 234E absent enabling provision u/s 200A prior to June 1, 2015; Observes that the power

Sep 28,2016

ITAT: TDS u/s 195 inapplicable on legal-fees payment to UK-firm for establishing foreign branch

Mumbai ITAT rules that payment of legal fees by Kotak Mahindra Bank (‘assessee’) to UK based firm not royalty/FTS either under India-UK DTAA or under the domestic law, TDS u/s

Sep 28,2016

ITAT: Deletes TP-adjustment on business transfer to foreign-AE's Indian-branch; Rule 10AB inapplicable to AY 2010-11

Chennai ITAT holds that consideration on transfer of software undertaking by assessee-company (a captive software developer) to Indian branch of its AE (ultimate holding company in Italy) is taxable as

Sep 27,2016

ITAT: Payment of exhibition expenses to NR entity not taxable absent PE in India

Delhi ITAT dismisses Revenue’s appeal for AY 2011-12, holds that assessee (an Indian Company) not liable to withhold TDS u/s 195 on payment towards ground rent, advertisement and exhibition expenses to

Sep 26,2016

ITAT: Allows depreciation on ‘discarded assets’ despite not used for business in current-year

Delhi ITAT allows depreciation on ‘discarded assets’ which formed part of block, but were not used for the purpose of business during AY 2010-11, relies upon jurisdictional HC ruling in Yamaha

Sep 26,2016

ITAT: Vacancy allowance u/s 23(1)(c) available only when property actually let, ‘intention-to-let’ irrelevant

Mumbai ITAT  rules in favour of Revenue, rejects assessee's claim for vacancy allowance u/s 23(1)(c) in respect of property which remained vacant during AY 2009-10; Assessee had acquired the property in December,

Sep 22,2016

ITAT: SEZ unit rendering services to Galileo's Computer Reservation System eligible for Sec 10AA tax-holiday

Delhi ITAT grants Sec.10AA deduction to a software company (‘assessee’, an Indian company) on income generated by its SEZ units from export of data processing services to Galileo B.V (the

Sep 19,2016

ITAT: Payment of bareboat hire charges not taxable; Allows relief under India-France MFN clause

Chennai ITAT allows assessee’s appeal for AY 2010-11, holds that assessee (engaged in the business of dredging and marine engineering services) not liable to withhold TDS on payment of bareboat

Sep 16,2016

ITAT: Revenue's 'vindictive' failure to lift property-attachment despite ITAT's demand deletion constitutes 'contempt'

Chennai ITAT allows assessee’s rectification petition against its earlier order for AY 2009-10, directs lifting of attachment of immovable properties; ITAT observes that pursuant to its earlier order (wherein it

Sep 16,2016

ITAT: Pharma co.’s overseas travel expenses to ‘lure’ doctors for seeking ‘patient-referrals’, not deductible u/s 37

Mumbai ITAT denies deduction u/s 37 to assessee (a pharmaceutical company) for expenses incurred towards doctors' foreign tours during AY 2009-10; Rejects assessee’s stand that such sponsored travel programs help in

Sep 15,2016