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Rs.121.15 Cr received by a Singapore-based company from its Indian AE for rendering certain business support services is not taxable under India-Singapore DTAA as the services did not make available any technical knowledge or skill to the AE.
NTT Asia Pacific Holdings Pte Ltd Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29811 (ITAT-MUMBAI)
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Order under Section 241A cannot be passed in a mechanical and routine manner and refunds cannot be withheld just because Section 143(2) notice has been issued and the Revenue wants verify the claim for deduction under Section 10AA.
Trueblue India LLP Vs DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29810 (HC-DELHI) · Section 241A
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It is not for CIT(E) to decide as to when and how should cancellation of the registration be made, at the point of time of granting the registration and specific provisions are in place for cancellation of registration.
Bai Navajbai Tata Zoroastrian Girls School Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 29809 (ITAT-MUMBAI)
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The question whether registration granted can be cancelled with retrospective effect was never an issue, as the Assessee in that case never challenged or contended that registration cannot be cancelled with retrospective effect.
Jeevan Jyoti Charitable Trust Vs Pr. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29808 (ITAT-ALLAHABAD) · Section 12A
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Mere usage of facility provided by Facebook does not render the payments as royalty, since copyright attached to the facility is not parted with.
Interactive Avenues Private Limited Vs DCIT
(2022) TaxCorp(LJ) 29807 (ITAT-MUMBAI)
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Recovery of demand against issues which have been decided in favour of Assessee is wholly unwarranted.
Expeditors International Of Washingtion, INC Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29800 (HC-DELHI)
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A Company cannot be allowed to set off losses arising from trading in shares conducted by the Directors under their unique client code by using the money lent by the Company.
Nekkanti Systems Private Limited Vs Income Tax Officer
(2022) TaxCorp(LJ) 29799 (ITAT-HYDERABAD)
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When at the first instance in the original assessment proceedings, no opinion is formed, the principle of change of opinion does not apply.
Sunil Jain Vs INCOME TAX DEPARTMENT THROUGH NATIONAL FACELESS ASSESSMENT CENTRE
(2022) TaxCorp(LJ) 29798 (HC-DELHI)
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Payment made by the Assessee for advertisement in connection with their business falls within the ambit of section 194C and not section 194J.
Cowtown Software Design Pvt. Ltd., (Formerly known as Nabhiraja Software Design Pvt.Ltd.,) Vs DCIT
(2022) TaxCorp(LJ) 29791 (ITAT-MUMBAI) · Sections 194C, 194J
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The approach of the AO as well as PCIT to determine jurisdiction after completion of assessment is contrary to Section 124(4).
UV Realtors Private Limited Vs PR. COMMISSIONER OF INCOME TAX-7, DELHI
(2022) TaxCorp(LJ) 29790 (HC-DELHI) · Section 124(4)
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Revenue cannot examine the taxability of income merely on the suspicion that the scheme of amalgamation approved by HC is floated with the sole object of avoidance of income tax.
Purbanchal Power Company Limited Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29789 (HC-CALCUTTA) · Section 68
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No disallowance can be made by invoking the provisions of Section 14A read with Rule 8D(2) where the Assessee had not earned any exempt income.
Maxivision Eye Hospital Pvt. Ltd Vs The DCIT
(2022) TaxCorp(LJ) 29788 (ITAT-CHENNAI) · Section 14A
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Explanation 2(c) of Section 147 squarely applies to wherein the income is subject to excess relief or excessive allowance during the original assessment.
The Dharmapuri District Central Co-operative Bank Ltd Vs JCIT
(2022) TaxCorp(LJ) 29787 (ITAT-CHENNAI)
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Satisfactory explanation under Section 68 would not save Assessee for excess premium taxability under Section 56(2)(viib).
Bigfoot Retail Solution Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29786 (ITAT-DELHI) · Section 56(2)(viib)
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No interest is chargeable under Section 234B for sums on which tax was not deducted by the payer but the tax was subsequently paid by the payee as held by SC in Mitsubishi Corporation.
Van Oord ACZ Marine Contractors BV Vs The Chief Commissioner of Income Tax-I
(2022) TaxCorp(LJ) 29785 (HC-MADRAS)
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TDS is adjustable against the tax, if any, ultimately assessed as payable by the Assessee and any excess tax deducted is refundable with interest.
National Petroleum Construction Company Vs DEPUTY COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29784 (SC)
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The Assessee circulated CDA through capital dividend so as to circumvent Section 55(2) which would have transformed the taxable dividend paid by 4244 when Assessee’s shares were redeemed by it.
3295940 CANADA INC. Vs Foreign Court Canada
(2022) TaxCorp(LJ) 29783 (HC-Forein)
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No income could be attributed to alleged Dependent Agent PE of Adobe-Ireland in India, when the transaction between Indian AE and foreign party is found to be at arm’s length price.
Adobe Systems Software Ireland Ltd Vs M/s Adobe Systems Software Ireland Ltd.
(2022) TaxCorp(LJ) 29777 (ITAT-DELHI)
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Revenue is directed to process ITRs of companies disclosing income under Section 44BB pertaining to AY 2016-17 so that CPC could process the refund.
Almansoori Wireline Services Company LLC Vs CENTRAL BOARD OF DIRECT TAXES & ORS
(2022) TaxCorp(LJ) 29776 (HC-DELHI) · Section 44BB
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The deemed dividend can be taxed only in the hands of the registered shareholder of the company and not in the hands of the company which has received the loan.
Pallava Resorts Private Limited Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29775 (ITAT-CHENNAI) · Section 2(22)(e)
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