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ITAT - A company providing software development services is different from a company providing non-development software services
Tata McGraw Hill Education (P.) Ltd. v. Assistant Commissioner of Income-tax, Circle 16 (1), New Delhi
(2015) TaxCorp(LJ) 6825 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39802&Category=ITAT&CategoryType=Zip
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ITAT - For the purpose of sections 2(15)/11, before any activity can be branded as being in the nature of trade or commerce, the AO has to demonstrate the intention of parties backed with facts and figures of carrying out activities with profit motive. Mere surplus from any activity which has been undertaken to achieve the dominant object does not imply that the same is run with profit motive. The intention has to be gathered from circumstances which compelled the carrying on the activity
India International Centre vs. ADIT
(2015) TaxCorp(LJ) 6820 (ITAT-DELHI) · Sections 2(15), 11
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ITAT - A company providing high end services, i.e., special knowledge and domain expertise, cannot be compared to a low end service provider, namely, call center services
iQor India Services (P.) Ltd. v. Income-tax Officer, Ward 11 (4), New Delhi
(2015) TaxCorp(LJ) 6817 (ITAT-DELHI) · http://taxcorp.in/FileOpenINTL.aspx?ID=8126&Category=INTLDecisions&CategoryType=Zip
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ITAT - Since receipt as well as making of gift were authorized by respective Memorandum and Articles of Association of assessee and donor companies and all essential requisites of a valid gift had been duly fulfilled, no tax or MAT on donee-company
Deputy Commissioner of Income-tax, 3 (2), Mumbai v. KDA Enterprises (P.) Ltd.
(2015) TaxCorp(LJ) 6816 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=40160&Category=ITAT&CategoryType=Zip
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ITAT - Commissioner (Appeals) has inherent power to stay demand, when appeal is pending for disposal before him
Employees' Provident Fund Organization v. Additional Commissioner of Income-tax (T.D.S.), Ghaziabad
(2015) TaxCorp(LJ) 6810 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=40907&Category=ITAT&CategoryType=Zip
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ITAT - Since there was no transfer order passed by Chief Commissioner or Commissioner, Order passed by AO to transfer case to new jurisdiction was invalid
KIE Infrastructures & Projects (P.) Ltd. v. Income-tax Officer, Ward-5 (3), New Delhi
(2015) TaxCorp(LJ) 6808 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=40519&Category=ITAT&CategoryType=Zip
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ITAT - As per section 43(5)(d), loss from trading in derivatives is not a speculation loss and can be set-off against normal business profits. R.B.K. Securities (P) Ltd. applied.
ITO vs. Emperor International Ltd
(2015) TaxCorp(LJ) 6791 (ITAT-DELHI) · Section 43(5)(d)
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ITAT - Section 143(2) and 153C notices issued in the name of the non-existent amalgamating company are void and render the assessment order null and void
Computer Engineering Services India (P) Ltd vs. ACIT
(2015) TaxCorp(LJ) 6790 (ITAT-DELHI) · Sections 143(2), 153C
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ITAT - Reassessment’s made for the assessment years under consideration have become invalid for not having served the mandatory notice u/s 143(2) on the assessee.
ITO Vs. M/s Staunch Marketing Pvt. Ltd.
(2015) TaxCorp(LJ) 6786 (ITAT-DELHI) · Sections 143(2), 147
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ITAT - No expenditure has been claimed by the assessee in its books of accounts. Under such circumstances the question of disallowance u/s 43B does not arise.
ITO vs. Nafe Singh Gahalawat
(2015) TaxCorp(LJ) 6785 (ITAT-DELHI) · Section 43B
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ITAT - Activities carried out by assessee (providing consultancy workshop training program, conducting research on behalf of NGOs related to WHO/UNO) would come under terms 'charitable purpose' in terms of section 2(15) entitled for exemption.
Praxis Institute of Participatory Practices v. Director of Income-tax (Exemption), Laxmi Nagar, New Delhi
(2015) TaxCorp(LJ) 6775 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39969&Category=ITAT&CategoryType=Zip
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ITAT - Where two comparables selected by TPO were improper on account of their huge turnover, brand value whereas another comparable selected by TPO was found inappropriate as it was developing its own software products, addition to assessee's ALP is not correct.
Ciena India (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle-3 (1), New Delhi
(2015) TaxCorp(LJ) 6766 (ITAT-DELHI) · http://taxcorp.in/FileOpenINTL.aspx?ID=8087&Category=INTLDecisions&CategoryType=Zip
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ITAT - An Indian company is not liable to deduct TDS u/s 195 on purchases made from its foreign AE (including its branch), as per the application of 'non-discrimination' clause under Article 24 of India-Japan DTAA.
Mitsubishi Corporation India Private Limited vs. DCIT
(2015) TaxCorp(LJ) 6751 (ITAT-DELHI) · Section 40(a)
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ITAT - Assessee’s stand that under the Income Tax Act, there was no power conferred on Income-tax authorities for conducting survey to verify TDS details is not correct. “Proceedings” u/s 133A also includes TDS proceedings.
Nokia India Pvt Ltd vs.Dy. DIT
(2015) TaxCorp(LJ) 6728 (ITAT-DELHI)
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ITAT - Tests to determine whether there is an employer-employee relationship explained (for the purpose of TDS u/s 192 vs/ 194-J)
DCIT vs. Artemis Medicare Service Ltd
(2015) TaxCorp(LJ) 6725 (ITAT-DELHI) · Sections 192, 194-J
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ITAT - Receipts on account of identification & core site selection from available 2D & 3D seismic data shall be taxed U/s. 44BB
ADIT Vs. TDI Brooks Intl. Inc
(2015) TaxCorp(LJ) 6724 (ITAT-DELHI) · Section 44BB
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ITAT - Where EOU’s were situated at separate location having independent buildings on separate addresses, their Plant & Machinery and fixed assets were also separate, cannot be treated as ‘single unit’ for section 10B deduction, merely on the basis that separate books of accounts were not maintained.
DCIT. vs. NIIT Ltd.
(2015) TaxCorp(LJ) 6677 (ITAT-DELHI)
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ITAT - Supply of sale of hardware and license of embedded software to end customers in India by a US company through its Indian subsidiaries is not royalty under Article 12 of India-US DTAA.
Aspect Software Inc. vs. ADIT
(2015) TaxCorp(LJ) 6670 (ITAT-DELHI)
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ITAT - Since payment made to Tamil Nadu Sports Association was not covered under any of specific sections under Chapter XVIIB of Act, No TDS.
International Merchandising Corporation v. ADIT, Circle 1(2) International Taxation, New Delhi
(2015) TaxCorp(LJ) 6651 (ITAT-DELHI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7984&Category=INTLDecisions&CategoryType=Zip
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ITAT - Since some of comparables selected by TPO were improper on account of their brand value, happening of extraordinary event like amalgamation and existence of functional difference as they were rendering diversified services, TP additions not sustainable.
Fidelity Business Services (P.) Ltd. v. Additional Commissioner of Income-tax, Range -11, New Delhi
(2015) TaxCorp(LJ) 6584 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39078&Category=ITAT&CategoryType=Zip
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