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The carrying on of any work is the sine qua nonfor attracting the provisions of section 194C and thus Section 194C was not attracted in the present case.
ATC Telecom Infrastructure Pvt. Ltd Vs Pr.CIT-9
(2023) TaxCorp(LJ) 30837 (ITAT-MUMBAI)
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Albeit, the agreement envisages more of voyage charter by the vessel owner and therefore, in our opinion, the same cannot be fall strictly within the realm of definition provided of ‘royalty’ in terms sub clause (iva) to Explanation 2.
Nan Lian Ship Management LLC Vs ACIT (Int. Tax)
(2023) TaxCorp(LJ) 30822 (ITAT-MUMBAI)
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ITAT - Delhi ITAT Rules in Favor of Assessee, Allows License Fee Recognition as per Mercantile System of Accounting.
CU Inspections & Certifications India Pvt. Ltd Vs ACIT
(2023) TaxCorp(LJ) 30797 (ITAT-MUMBAI)
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Merely because an Indian company in controlled by a Switzerland company or fact that Switzerland Company carries business in India, does not result in Indian company being considered as a PE of Switzerland Company in India.
S.R. Technics Switzerland Limited Vs ACIT
(2023) TaxCorp(LJ) 30759 (ITAT-MUMBAI)
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Mere reliance on information obtained from the Sales Tax Department without causing further enquiries to ascertain genuineness or otherwise of the transaction, would not be sufficient to treat the purchases as bogus.
Infinity Industries Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 30727 (ITAT-MUMBAI)
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Management services rendered by the Assessee under the Management Service Agreement do not constitute fees for included services under the India-USA DTAA.
Edenred SA Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 30718 (ITAT-MUMBAI)
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The receipts from domain name registration of a Registrar authorised by Internet Corporation for Assigned Names and Numbers is not liable to tax as royalty in India, absent an intellectual property right in the nature of trademark.
PDR Solutions FZC Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 30709 (ITAT-MUMBAI)
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Payment made towards school support services falls within the ambit of commission or brokerage and liable for tax deduction at source in terms of Section 194H.
Ox ford University Press Vs DCIT
(2022) TaxCorp(LJ) 30700 (ITAT-MUMBAI)
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Merely because interest of the housing loan on the said property was claimed by the Assessee’s son in his computation of income, does not make him the owner of the property.
Mumtaz Abdul Aziz Vs ITO
(2022) TaxCorp(LJ) 30671 (ITAT-MUMBAI)
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When all the necessary facts are before the ITAT, it was a mistake apparent on record to remit the matter back on a question of law.
Blackstone FP Capital Partners Mauritius V Limited Vs DCIT
(2022) TaxCorp(LJ) 30654 (ITAT-MUMBAI)
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Royalty income that accrues in India as per Section 5 of the Act and the royalty income that is deemed to accrue in India with the aid of Section 9 read with Section 5 of the Act would be considered as royalties that arises in India for the purpose of Article 12(1) and Article 12(2) of the DTAA.
Global Cricket Corporation Pte Ltd Vs ADIT (IT) 3(1)
(2022) TaxCorp(LJ) 30652 (ITAT-MUMBAI)
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Payments made by Shoppers Stop to various vendors for procurement of footwear under sale or return agreement is not in the nature of work contract, thus provisions of Section 194C are not applicable.
Shoppers Stop Limited Vs ACIT
(2022) TaxCorp(LJ) 30642 (ITAT-MUMBAI) · Section 194C
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Free sample of medicines supplied to doctors is for promotion of the product of the pharmaceutical company, thus is wholly and exclusively for the purposes of the business of the company and allowable under Section 37(1).
Merk Limited Vs DCIT
(2022) TaxCorp(LJ) 30640 (ITAT-MUMBAI) · Section 37(1)
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The amendment in Section 149(1)(c) by Finance Act, 2012 extending the limitation period to sixteen years could not be resorted for reopening the assessment where time had already expired before the amendment became effective.
Deval D. Thakkar Vs DCIT
(2022) TaxCorp(LJ) 30639 (ITAT-MUMBAI)
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Revenue is directed to make every possible endeavor of carrying out the necessary correction in the challan within 2 months.
WorldQuant Research (India) Pvt. Ltd Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 30628 (ITAT-MUMBAI)
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Set off of brought forward loss when there is a change in shareholding is a debatable issue and not a mistake apparent from record, thus not rectifiable.
Birla Edutech Limited Vs ITO
(2022) TaxCorp(LJ) 30560 (ITAT-MUMBAI)
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The assessee would be entitled for set off of brought forward as well as current year business losses against foreign dividend income.
Tata Industries Ltd Vs The Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30553 (ITAT-MUMBAI) · Section 80G
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Supreme Court has recognized ICAI as an expert body of accountants and the guidance note on tax audit issued by them can be relied upon in the absence of any statutory provision for computation of turnover in such cases.
Sanjay Marotrao Modak Vs Dy. CIT
(2022) TaxCorp(LJ) 30550 (ITAT-MUMBAI) · Section 271B
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Interest income earned by the co-operative society from the investments made with the co-operative banks is eligible for claim of deduction under Section 80P(2)(d).
Mittal Court Premises Co-operative Society Ltd. Vs ITO
(2022) TaxCorp(LJ) 30549 (ITAT-MUMBAI) · Section 80P
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Non-mentioning of date of commencement or mentioning of wrong date in Form No. 10CCB by the Auditors can be an error of reporting and thus, Assessee’s claim cannot be rejected on this basis.
Vodafone India Ltd Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30535 (ITAT-MUMBAI)
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