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ITAT - Finding of TPO that position of assessee with regard to export was that of a contract manufacturer, was without any basis, disallowance of royalty for using technological know-how of foreign holding company not justified. Assessee was selling manufactured goods to both AEs, and third parties.
Honda Motorcycle & Scooter India (P.) Ltd. v. Assistant Commissioner of Income-tax, Circle -1(1), Gurgaon
(2015) TaxCorp(LJ) 6392 (ITAT-DELHI) · http://taxcorp.in/FileOpenINTL.aspx?ID=8104&Category=INTLDecisions&CategoryType=Zip
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ITAT - Services rendered by NR were in nature of corporate advisory services and, therefore, even if received at cost, receipt would assume nature of income in hands of payee-company.
Cotecna Inspection India (P.) Ltd. v. Assistant Commissioner of Income-tax, Range-10(3), Mumbai
(2015) TaxCorp(LJ) 6390 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7774&Category=INTLDecisions&CategoryType=Zip
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HC - Commission paid to NR agent for procuring export orders outside India does not fall within the ambit of ‘FTS’ as no limb of activity had taken place in India.
Commissioner of Income-tax, Business Circle IV, Chennai v. Orient Express
(2015) TaxCorp(LJ) 6389 (HC-MADRAS) · http://taxcorp.in/FileOpenINTL.aspx?ID=7967&Category=INTLDecisions&CategoryType=Zip
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HC - Interest earned in respect of temporary intercorporate deposits kept with other companies out of proceeds of public issue of shares is not eligible for sec. 10B relief.
Commissioner of Income-tax v. Indo Aquatics Ltd.
(2015) TaxCorp(LJ) 6388 (HC-AP) · http://taxcorp.in/FileOpenDT.aspx?ID=58496&Category=Judgment&CategoryType=Zip
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HC - Explanation 3C to Sec.43B provides that unless the amount of interest has been actually paid, deducction cannot be allowed. Therefore, interest liability converted into loan is not interest payment. Sec.43B disallowance attracted.
CIT. vs. Pennar Profiles Pvt. Ltd.
(2015) TaxCorp(LJ) 6387 (HC-AP) · Sections. 43B
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HC - Courts and Tribunals to refrain from adversely commenting and remarking on conduct of parties or their representatives or pleaders, if the same were not required for the decision of a case. Judicial 'sobriety'/'restraint' should be maintained.
Madhukar B. Thakoor and Ors vs. ITAT
(2015) TaxCorp(LJ) 6361 (HC-BOMBAY)
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HC - No Sec 40(a)(ib) disallowance on STT collected by assessee- broker on behalf of its clients for onward forwarding to Revenue.
CIT. vs. HSBC Securities & Capital Markets (India) P Ltd.
(2015) TaxCorp(LJ) 6359 (HC-BOMBAY) · Section. 40(a)(ib)
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ITAT - Delay of 1836 in filing appeal is condoned as appeal was not preferred initially due to advice of GM-Finance, but was filed 5 years later on 'correct' professional advice given by a counsel. Assessee should not be denied benefit which it is entitled to in law purely on technicalities.
Sartorious Mechatronics India (P) Ltd. vs. ACIT
(2015) TaxCorp(LJ) 6352 (ITAT-BANGALORE)
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ITAT - In view of provisions of section 268A inserted by Finance Act, 2008, read with Instruction No. 5/14, dated 10-7-2014, appeal filed by revenue having tax effect of less than 4 lakhs is not maintainable before ITAT
Deputy Commissioner of Income-tax, Central Circle-2, New Delhi v. Amit Paccraft
(2015) TaxCorp(LJ) 6351 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=40258&Category=ITAT&CategoryType=Zip
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HC - Tribunal was right in law in deleting penalty imposed on assessee under section 158BFA(2) as assessee had paid full tax along with interest for income disclosed in search.
Assistant Commissioner of Income-tax,CC-2, Baroda v. Natubhai M. Makwana
(2015) TaxCorp(LJ) 6350 (HC-GUJARAT) · http://taxcorp.in/FileOpenDT.aspx?ID=60988&Category=Judgment&CategoryType=Zip
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HC - Since assessee had effected payments of advance tax in respect of a receipt that was not taxable in his hands and department accepted said payment of tax without demur, AO not entitled to deny refund by ignoring the return filed by assessee.
C. Padmakumar v. Deputy Commissioner of Income-tax, Circle-31
(2015) TaxCorp(LJ) 6349 (HC-KERALA) · http://taxcorp.in/FileOpenDT.aspx?ID=58901&Category=Judgment&CategoryType=Zip
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ITAT - Since stamps were sold by assessee on behalf of Government, value of stamps sold by commission agent not includible in his turnover to ascertain liabililty for tax audit
Prem Prakash Gupta v. Income-tax Officer, Ward 6(2), Jaipur
(2015) TaxCorp(LJ) 6348 (ITAT-JAIPUR) · http://taxcorp.in/FileOpenDT.aspx?ID=40480&Category=ITAT&CategoryType=Zip
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ITAT - Where services of assessee could not be bifurcated on such basis then TPO not justified in making additions due to differential man hour rate.
Melstar Information Technologies Ltd. v. Assistant Commissioner of Income-tax, Circle- 8(2), Mumbai
(2015) TaxCorp(LJ) 6347 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7930&Category=INTLDecisions&CategoryType=Zip
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HC - ITAT Members should maintain patience. Sobriety and restraint in judicial conduct is of paramount importance. They should refrain from passing any adverse remarks or making harsh comments on the conduct of the parties
Madhukar B. Thakoor vs. ITAT
(2015) TaxCorp(LJ) 6346 (HC-BOMBAY)
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ITAT - No merit in the Revenue’s case for disregarding the gift of a house property by the assessee to her spouse prior to the transfer date (of the original asset) for the purpose of reckoning eligibility to exemption u/s.54F.
Smt. Maya A. Ajwani Vs. ITO
(2015) TaxCorp(LJ) 6345 (ITAT-MUMBAI) · Section. 54F
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ITAT - Before invoking the re-assessment proceedings the AO has to record the reason as to how income has escaped assessment and not conclusions. AO recorded only the conclusion not the reasons, inasmuch as, the reasons recorded does not indicate as to how income got escaped assessment.
ACIT. Vs. M/s Responsible Builders Pvt. Ltd.
(2015) TaxCorp(LJ) 6344 (ITAT-DELHI)
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ITAT - Assessee is required to pay interest u/s 220(2)on demand sustained in remand proceedings if he fails to pay initial demand
Assistant Commissioner of Income-tax, Central Circle-2, New Delhi v. HCL Corporation Ltd.
(2015) TaxCorp(LJ) 6320 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=36571&Category=ITAT&CategoryType=Zip
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HC - CIT(A) is entitled to himself make inquiry and refer the matter to DVO on failure of AO to do so
Rallis India Ltd. v. Commissioner of Income-tax (Appeals)- XXI, Mumbai
(2015) TaxCorp(LJ) 6319 (HC-BOMBAY) · http://taxcorp.in/FileOpenDT.aspx?ID=60523&Category=Judgment&CategoryType=Zip
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ITAT - If suo motu disallowance was made by assessee below the limit prescribed under rule 8D then no sec. 14A disallowance can be made.
Fali S. Nariman v. Additional Commissioner of Income-tax, Range-11 (2), Mumbai
(2015) TaxCorp(LJ) 6316 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=40477&Category=ITAT&CategoryType=Zip
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HC - There was commercial expediency in payment of sum to avoid execution of decree against assessee by way of attachment of property, hence the same is allowable as business expenditure
Commissioner of Income-tax, Bangalore v. Hitachi Koki India Ltd.
(2015) TaxCorp(LJ) 6315 (HC-KARNATAKA) · http://taxcorp.in/FileOpenDT.aspx?ID=60980&Category=Judgment&CategoryType=Zip
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