Income tax - Sections 9(1)(vi), 115A - Legal Decision on Tax Implications for Web Hosting and Domain Registration: ITAT Delhi Ruling - The ITAT’s ruling significantly clarifies that income from domain registration and associated web hosting services does not constitute taxable 'royalty' or Fees for …
Income Tax: Sections 40(a)(ia), 143(3), 195 - ITAT-DELHI Affirms Non-Applicability of TDS on Commission to Non-Resident Agents for Services Rendered Outside India - The decision by the ITAT reaffirms that commission payments made to non-resident agents for services rendered outside of India are exempt…
Income tax - Sections 80IA, 263 - ITAT Affirms AO's Order; No Grounds for Revising Deduction Claims in Specified Domestic Transactions - The ITAT's decision reinforces the importance of due process in revisionary powers exercised by the PCIT and validates the ongoing claims of deduction by the assessee…
Income Tax - Section 115JB - Tribunal Emphasizes Jurisdictional Limits on Adjustments, Impacting Book Profits Calculation - The Tribunal's ruling substantially reinforces the importance of adhering to the jurisdictional limits set forth in the legal framework governing income taxation. It is crucial…
Appellate Tribunal Reverses Penalty Imposed Under FERA for Inadequate Evidence of Contravention - The Tribunal's decision underscores the significance of credible and comprehensive evidence in enforcing penalties under FERA. The ruling encourages rigorous scrutiny of the evidence presented in regulatory…
Appellate Tribunal Reduces Penalty for Foreign Exchange Violations in SAFEMA Case - In light of the Appellate Tribunal's judgment, an actionable step for similarly situated entities is to ensure comprehensive compliance with FERA regulations, particularly in regard to obtaining advance approvals for…
Tribunal Affirms Penalty Pre-Deposit Order; Review Applications Dismissed for Non-Compliance with FERA - In light of the Tribunal's decision to dismiss the Review Petitions due to the appellants' non-compliance with the mandated pre-deposit of penalties, it is imperative that future appellants adhere…
Income tax - Sections 90 - Samsung India’s Employee Secondment Does Not Constitute Permanent Establishment: Delhi High Court Clarifies Tax Stance - The Delhi High Court’s decision reinforces the principle that mere employee secondment, devoid of any links to business activities in India aimed at generating…
Interest Adjustment for Loans to Related Companies in Germany – ITAT Chennai Ruling - The ITAT's decision underscores the imperative of maintaining consistency in applying interest rates on loans provided to associated enterprises. It reinstates the necessity for clear documentation demonstrating the…
Income Tax - Sections 14A, 144C, 147, 263 - ITAT-Chennai Analysis On Reassessment Powers And Erroneous Decision-Making - The ruling elucidates that the PCIT's revisionary powers are a crucial safeguard against erroneous assessments that lack robust verification. The Tribunal has provided actionable …
Notional Costs Excluded from Operating Expenses in ITES Service Pricing - In light of the decision rendered by the ITAT, it is crucial for taxpayers, especially those engaged in international transactions with AEs, to be aware of the delineation between actual operational expenses and notional costs…
ITAT-Mumbai Reiterates on Tax Treatment of AMP Expenses Between Assessee and Associated Enterprises - Given the comprehensive legal precedents and the evidence presented, the ITAT concluded that the allegations concerning the international transaction of AMP expenses were unfounded. It is imperative…
Income Tax - Section 271G - Tribunal Upholds Deletion of Penalty for Non-Maintenance of Records in Diamond Trade Due to Practical Difficulties - This ruling emphasizes the importance of context in determining the applicability of penalties related to non-compliance in record maintenance. By establishing…
Appellate Tribunal Rules on FEMA Violations: M/s Siddha Exports Found Liable for False Documentation Amidst Forgery Claims - Based on the Appellate Tribunal's ruling, it is critical for entities engaged in export activities to maintain stringent oversight over documentation and ensure adherence to statutory…
Excessive Penalties Imposed in Foreign Exchange Violation Found Unjustified by Appellate Tribunal - In reviewing the overall proceedings and evidence presented, the Appellate Tribunal concluded that the hefty penalty initially imposed was excessive and lacked justification considering the actual worth…
ITAT Rules on Corporate Guarantee Pricing: Commissions Must Reflect Actual Costs Incurred by Assessors - The ITAT's decision emphasizes the necessity for appropriate arm's length pricing in international transactions involving corporate guarantees, reinforcing that financial institutions' rates should…
Transfer Pricing Adjustments Remanded for Reassessment Under MAP Resolution - The outcome of this case indicates a critical approach to aligning transfer pricing practices with international cooperation efforts, especially underlining the importance of resolutions arrived at through the Mutual Agreement…
Income Tax: Sections 54, 292B - ITAT Ruling Validates Curable Defects in Compliance Procedures for NRIs - The ITAT's decision emphasizes the need for tax authorities to recognize procedural irregularities as curable defects under Section 292B of the Income Tax Act. Taxpayers, particularly NRIs, should…
Income Tax - Section 115A, 144C - ITAT Rules GIS Services Not Taxable as Fees for Technical Services Under India-US DTAA - This decision underscores the critical importance of the 'make available' test in the classification of services under the India-US DTAA. Assessees must ensure that any service …
ITAT Affirms Tax Treaty Benefits for UAE Resident in Capital Gains on Debt Mutual Fund Sale - The ITAT ruled in favor of the assessee, confirming the applicability of treaty benefits despite the absence of a formal tax framework for individuals in the UAE. Consequently, those with similar tax treaty…