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ITAT - Income from shipping is defined in Sec. 115VI and the incidental activity in Rule 11R, therefore no income other than the receipts from core activities related to shipping & incidental activities can be included under Tonnage Tax Scheme.
Dredging Corporation of India Ltd. Vs. ACIT
(2017) TaxCorp(LJ) 13758 (ITAT-VISAKHAPATNAM)
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ITAT - No Sec. 40(a)(i) disallowance for payment to a US resident for providing inspection and rework services as the same is not Fees for included services under India-US DTAA.
Delphi Automative Systems Vs. DCIT
(2017) TaxCorp(LJ) 13757 (ITAT-DELHI) · Section. 40(a)(i)
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HC - Writ admitted - In grant of interim relief, allows taxpayer to file return either manually or through appropriate e-filing facility without insisting for the aadhaar number and/or enrollment ID. Two courts have given this type of order (Kerala and Madras HC)
Preeti Mohan
(2017) TaxCorp(LJ) 13756 (HC-MADRAS)
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ITAT - FMV of the property in the year of sale of property is to be considered.
Image Apparels Pvt. Ltd. Vs. ITO
(2017) TaxCorp(LJ) 13755 (ITAT-MUMBAI)
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ITAT - Receipt of earnest money consequent to an Agreement for Sale is not a relevant factor for construing ‘year of transfer’.
Maniar Injectoplast Pvt. Ltd. Vs. ITO
(2017) TaxCorp(LJ) 13754 (ITAT-MUMBAI)
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HC - Merely including ‘Bank’ in co-operative society’s name cannot dis entitle Sec. 80P benefit especially when not even a single piece of evidence was produced to show that the appellant was in fact dealing with non-members..
The Eluru Cooperative House Mortgage Society Vs. ITO
(2017) TaxCorp(LJ) 13753 (HC-AP) · Section. 80P
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ITAT - Assessee-company is liable to deduct TDS in respect of provisions reversed subsequently as the reversal was not in the beginning of the next accounting year, but major reversals were towards the end of the next accounting year.
Toyota Kirloskar Motors Pvt. Ltd. Vs. ITO
(2017) TaxCorp(LJ) 13752 (ITAT-BANGALORE)
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Low Tax Effect Circular: The CBDT cannot issue any circular having retrospective operation. Consequently, instruction/circular issued on 9.2.2011 directing withdrawal of low tax effect appeals applies only to appeals filed after that date and not to pending appeals. The fact that the CBDT itself vide Circular dated 10.12.2015 directed that the instruction to withdraw low tax effect appeals will apply retrospectively to pending appeals has no bearing
CIT. vs. Gemini Distilleries
(2017) TaxCorp(LJ) 13751 (SC)
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S. 44BB: Amounts received as “mobilisation fee” on account of provision of services and facilities in connection with the extraction etc. of mineral oil in India attracts s. 44BB and have to be assessed as business profits. S. 44BB has to be read in conjunction with ss. 5 and 9 of the Act. Ss. 5 and 9 cannot be read in isolation. The argument that the mobilisation fee is “reimbursement of expenses” and so not assessable as income is not acceptable because it is a fixed amount paid which may be less or more than the expenses incurred. Incurring of expenses, therefore, would be immaterial. Also, the contract was indivisible
Sedco Forex International Inc vs. CIT
(2017) TaxCorp(LJ) 13750 (SC) · Section. 44BB
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S. 10A/ 10B: Entire law on the concept of "derived from" the undertaking and "purposive interpretation" of statutes explained. The incidental activity of parking surplus funds with banks or advancing of staff loans by assessees covered u/s 10-A or 10-B is an integral part of their export business activity and a business decision taken in view of the commercial expediency. Such incidental income cannot be delinked from the profits and gains derived by the undertaking engaged from the export of specified goods and cannot be taxed separately u/s 56 of the Act
CIT. vs. Hewlett Packard Global Soft Ltd.
(2017) TaxCorp(LJ) 13749 (HC-KARNATAKA) · Sections. 10A, 10B
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ITAT - Concessional rate of tax of 10% u/s 115E on long term capital gains earned on sale of bonus shares is available since bonus shares acquire character of original shares.
Shashi Parvatha Reddy Vs. Dy. CIT
(2017) TaxCorp(LJ) 13744 (ITAT-HYDERABAD) · Section. 114E
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ITAT - Even if the management charges was on account of reimbursement of expenses incurred by the holding company the provisions of Section 194J cannot be circumvented by modus operandi of payment routing through the holding company.
Tungabhadra Steel Products Ltd. Vs. Asst. CIT
(2017) TaxCorp(LJ) 13743 (ITAT-BANGALORE)
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ITAT - Payment made by Indian-company to its foreign-parent in respect of software licenses purchase is not in the nature of royalty to attract TDS u/s 195.
Saipem India Projects Pvt. Ltd. Vs. Dy. CIT
(2017) TaxCorp(LJ) 13742 (ITAT-CHENNAI)
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ITAT - Since amounts to be added to the book profit under clause (b) of Expl 1 to Sec. 115JB represents 'appropriation of profits' therefore, addition to book profit cannot be made towards revaluation reserve not created through P&L A/c.
The Bombay Dyeing & Mfg. Co. Limited Vs. Dy. CIT
(2017) TaxCorp(LJ) 13741 (ITAT-MUMBAI)
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S. 271(1)(c)/ 292BB: "concealment of particulars of income" and "furnishing of inaccurate particulars of income" referred to in s. 271(1)(c) denote two different connotations. It is imperative for the AO to make the assessee aware in the notice issued u/s 274 r.w.s. 271(1)(c) as to which of the two limbs are being put-up against him. The failure to do so is fatal to the penalty proceedings. The argument that the assessee was made aware of the specific charge during the proceedings is of no avail. S. 292BB does not save the penalty proceedings from being declared void
Orbit Enterprises vs. ITO
(2017) TaxCorp(LJ) 13740 (ITAT-MUMBAI) · Sections 271(1)(c), 292BB
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S. 254(2) Limitation period: The amendment to s. 254(2) to curtail the limitation period for filing rectification applications to six months from four years is prospective and applicable to appeal orders passed after 01/06/2016 and not the orders passed prior to 01/06/2016. The contrary view in Lavanya Land (Mum ITAT) is not good law in view of K. Ravindranathan Nair (SC)
Lucent Technologies GRL LLC vs. ADIT
(2017) TaxCorp(LJ) 13739 (ITAT-MUMBAI) · Section 254(2)
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HC(Full Bench) - Tax holiday u/s 10A or 10B available on income by way of interest on bank deposits or staff loans earned by 100% EOU.
The Commissioner of Income Tax and Another Vs M/s. Hewlett Packard Global Soft Ltd.
(2017) TaxCorp(LJ) 13738 (HC-KARNATAKA) · Sections 10A, 10B
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HC - Writs allowed - Re-opening quashed on the ground that it is difficult to believe that the Revenue was not aware of the assessee having a PE in India, since in respect of earlier AYs the matter is being contested as well as pending at various levels.
M/S ESS DISTRIBUTION (MAURITIUS) S.N.C.ET COMPAGNIE Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2017) TaxCorp(LJ) 13737 (HC-DELHI)
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SC - Amount received by the non-resident company towards mobilization/demobilisation fees for oil rigs is taxable u/s. 44BB.
SEDCO FOREX INTERNATIONAL INC. Vs COMMISSIONER OF INCOME TAX
(2017) TaxCorp(LJ) 13736 (SC)
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HC - Deduction u/s 80IA(4) allowable to developer even though assessee assignied the task of maintenance and toll collection of the road to third party after completion of construction work.
PR. COMMISSIONER OF INCOME TAX Vs NILA BAURAT ENGINEERING LTD
(2017) TaxCorp(LJ) 13735 (HC-GUJARAT) · Section 80IA(4)
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