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ITAT - The work of broadcasting/telecasting including production of programme or such broadcasting or telecasting falls under the definition of “work” as provided under clause (iv) of the Explanation to section 194C as such placement fee subject to TDS u/s 194C
ACIT vs. UTV Entertainment Television Limited
(2015) TaxCorp(LJ) 5308 (ITAT-MUMBAI) · Section 194C
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HC - tax planning by adopting colourable device, hence amounts received by Assessee foreign company from various Indian hotels as reimbursements for undertaking international advertisement and marketing programs are 'Royalty'.
Marriot International Inc. Vs. Dy. Director of Income Tax (International Taxation)–4(1)
(2015) TaxCorp(LJ) 5254 (ITAT-MUMBAI)
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ITAT - Act of disregard and disobedience of the orders of the higher judicial authorities in hierarchy amounts to the gross abuse of process of law.
The ACIT. Vs. S Ganesh
(2015) TaxCorp(LJ) 5223 (ITAT-MUMBAI)
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ITAT - Payments were not reimbursement of cost of agent for rendering services to assessee but were in fact payment made to the third party through the agent for the services provided by the third party to assessee, TDS applicable u/s 194C
DCIT. Vs. Kodak India Pvt. Ltd.
(2015) TaxCorp(LJ) 5221 (ITAT-MUMBAI)
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ITAT - AO is directed to calculate interest due to the assessee without reducing the interest u/s 244A, which is part of the refund earlier granted from the refund due
Central Bank of India Versus Deputy Commissioner of Income Tax
(2015) TaxCorp(LJ) 5196 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39566&Category=ITAT&CategoryType=Zip
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ITAT - Deputed employees if continued to be on pay rolls of overseas entities or they continue to have their lien with jobs with overseas entities and are rendering their services in India, service PE will emerge. It is therefore, held that the seconded employees or deputationist working in India for the Indian entity will constitute a service PE in India. Salary cost of said employees reimbursed by Indian companies was taxable in India in terms of article 7 of Indian USA DTAA
Morgan Stanley International Incorporated v. Deputy Director of Income-tax, (IT) (4) (1)
(2015) TaxCorp(LJ) 5189 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7715&Category=INTLDecisions&CategoryType=Zip
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ITAT - Though extra period allowed for realization of sale proceeds from the AE is an international transaction, however, for the purpose of determining the ALP, the same has to be clubbed or aggregated with the sale transactions with the AE. When the assessee is not making any difference for not charging the interest from AE as well as non-AE then the only difference between the two can be considered is the average period allowed along with outstanding amount
M/s Goldstar Jewellery Limited. Versus Joint Commissioner of Income Tax (OSD) 8(1), Mumbai.
(2015) TaxCorp(LJ) 5176 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7825&Category=INTLDecisions&CategoryType=Zip
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ITAT - Interest is paid whenever money is borrowed or some debt is incurred. Both elements are missing in these transactions. Therefore, the finance charges claimed by the assessee is rightly denied
Dhanraj Mills Pvt. Limited, C/o Ramgopal Ganpatrai & Sons P. Ltd., Versus Asstt. CIT., Central -3, IT. Office, Mumbai
(2015) TaxCorp(LJ) 5170 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39285&Category=ITAT&CategoryType=Zip
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ITAT - Income, which may or may not arise on incurring expenditure, and again with no certainty as to its quantum, cannot by itself form the basis of either incurring or allocation of expenditure u/s 14A (1).
Fali S. Nariman. Vs. ACIT
(2015) TaxCorp(LJ) 5162 (ITAT-MUMBAI) · Section 14A (1)
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ITAT - Disallowance u/s 14A r.w. Rule 8D cannot exceed the exempt income
Daga Global Chemicals Pvt. Ltd vs. ACIT
(2015) TaxCorp(LJ) 5160 (ITAT-MUMBAI) · Section 14A
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ITAT - The two sections, i.e., s. 271(l)(c) and s. 271AAA, are not only worded differently, with thus different concomitant scopes, are rather mandated to operate exclusively. Section 271AAA requires substantiation of the manner in which the undisclosed income is derived by assessee as per statement recorded u/s 132(4), however in case of section 271(l)(c) there is no such requirement of substantiation.
ACIT vs Prakash Steelage Ltd.
(2015) TaxCorp(LJ) 5151 (ITAT-MUMBAI) · Sections. 271AAA, 271(l)(c)
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ITAT - Reimbursement of medical expense is allowable expenses and cannot be said to be perquisite u/s 17(2) of the Act
Mr. Rajkamal R. Bajaj V/s ACIT
(2015) TaxCorp(LJ) 5147 (ITAT-MUMBAI) · Section. 17(2)
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ITAT - The transaction of sale to the AE and credit period allowed in realization of sale proceeds are closely linked as they are inter linked and the terms and conditions of sale as well as the price are determined based on the totality of the transaction and not on individual and separate transaction.
Goldstar Jewellery Limited vs. JCIT
(2015) TaxCorp(LJ) 5127 (ITAT-MUMBAI)
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ITAT - It is the real accrual of income that has to be taken into consideration and not a hypothetical accrual of income. The rights would commence in respect of each of the films on different dates and accordingly the assessee has offered the income in subsequent years in respect of advance received for transfer of home video & satellite broadcasting for a period of five years
B. R. Films vs. ACIT
(2015) TaxCorp(LJ) 5111 (ITAT-MUMBAI)
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ITAT - Assessee's argument that s. 10B(4) lays down a computational formula and that all business profits (including DEPB receipts) should be eligible for deduction irrespective of the effective source is not acceptable
ACIT vs. S. K. International (Export) Co
(2015) TaxCorp(LJ) 5097 (ITAT-MUMBAI) · Section 10B(4)
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ITAT - First time an appeal against a s. 264 revision order has been entertained by the ITAT
Gausia Cold Storage Pvt. Ltd. vs. ACIT
(2015) TaxCorp(LJ) 5089 (ITAT-MUMBAI) · Section. 264
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ITAT - Additions made by the Revenue solely based on the AIR information are not sustainable
M/s. A. F. Ferguson & Co. Vs. JCIT
(2015) TaxCorp(LJ) 5082 (ITAT-MUMBAI)
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ITAT - Interest on account of the delay in payment of the sale price of the goods supplied by the undertaking partook of the same nature and character as the sale consideration. Eligible for sec. 80-IA relief
Assistant Commissioner of Income-tax v. Sun N Sand Hotels (P.) Ltd.
(2015) TaxCorp(LJ) 5075 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=36820&Category=ITAT&CategoryType=Zip
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ITAT - Security deposit received from lessee cannot be treated as 'debt owed' under section 2(m), hence loan taken to repay such deposit not deductible as 'debt owed' for computing net worth
S.T. Holding (P.) Ltd. v. Assistant Commissioner of Wealth Tax- 8 (3), Mumbai
(2015) TaxCorp(LJ) 5070 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39308&Category=ITAT&CategoryType=Zip
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ITAT - Booking of a flat, which is going to be constructed by a builder, has to be considered as a case of "construction of flat" and not purchase of flat. Since assessee had booked a house with builder prior to date of transfer of original house, assessee was not entitled to exemption under section 54
Farida A. Dungerpurwala v. Income-tax Officer
(2015) TaxCorp(LJ) 5066 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=38467&Category=ITAT&CategoryType=Zip
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