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Whether conditions as to existence of PE and nexus of the contract with such a PE are indespensible for determining taxability of any payment made in relation to such contract u/s 44BB
SIEM OFFSHORE AS Vs. ADIT
(2014) TaxCorp(LJ) 4194 (ITAT-DELHI) · Income tax - Sections 5(2)(b), 9(1)(vii), 28, 44BB
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Whether when some remittances were made in the form of inter-bank transfers, it can be said that such remittances will attract penalty provisions for contravention of FERA, even if the identity of the source of income was not examined by the enforecment directorate
S K MITTAL Vs. ENFORCEMENT DIRECTORATE
(2014) TaxCorp(LJ) 4193 (HC-DELHI) · Foreign Exchange Regulation Act, 1973 (FERA) - Sections 6(4), 6(5) 8(1), 9(1)(a), 9(1)(f)(i)
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Whether as a thumb rule, depreciation has to be included before computing profit margins, irrespective of the fact whether it has any bearing on such margins or not
SIEMENS HEALTHCARE DIAGNOSTICS LTD. Vs. ACIT
(2014) TaxCorp(LJ) 4192 (ITAT-AHMEDABAD) · Income Tax – Sections 43B, 92CA
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Whether when no service is provided by the selling agent within the taxable territory in India, any disallowance u/s 40(a)(ia) can be made for the failure of deduct tax at source u/s 195
DCIT. Vs. TRANSFORMERS & ELECTRICALS KERALA LTD.
(2014) TaxCorp(LJ) 4191 (ITAT-COCHIN) · Income Tax - Sections 5, 9(1), 40(a)(ia), 143(3), 147, 148, 195, 200
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Whether it can be inferred that the remaining balance of operating cost is related to international transaction with other entities, when MAP resolution shows 92% of the operating cost with its holding company
M/s VIRTUSA INDIA PVT LTD. Vs. DCIT
(2014) TaxCorp(LJ) 4190 (ITAT-HYDERABAD) · Income Tax - Sections 10A, 90, 92C, 143(3), 154
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Whether any payments made to the non-resident news agency for photo news carried along with news reports are royalty, taxable under Sec 9(1)(vi) as well as Article 13 of the DTAA
AGENCE FRANCE PRESSE Vs. ADIT
(2014) TaxCorp(LJ) 4189 (ITAT-DELHI) · Income tax - Section 9(1)(vi)
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Whether the disallowance made u/s 40(a)(ia) for the year 2009-10 will be sustainable when the amendment made by the Finance Act, 2010, is said to be retrospective in nature
DCIT. Vs. Hycons Infrastructures India Ltd.
(2014) TaxCorp(LJ) 4188 (ITAT-HYDERABAD) · Income Tax - Sections 40(a)(ia)
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Whether assessee can claim deduction u/s 10A even if it was in the business prior to the date of the registration of the STP
ITO. Vs. Digitise IT (India) Pvt Ltd.
(2014) TaxCorp(LJ) 4187 (ITAT-MUMBAI) · Income Tax - Sections 10A, 10B
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Whether any addition made will be sustainable if nothing is brought on record to substantiate that the reconciliation statement furnished by the assessee was incorrect
ITO. Vs. Adhunik Khananva Parivahan Theka Sahkari Samiti Ltd.
(2014) TaxCorp(LJ) 4186 (ITAT-JODHPUR) · Income Tax - Sections 133(6), 143(3)
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Limitation period u/s 263 to be reckoned from the date of the original assessment passed u/s 143(3)
LOUIS BERGER GROUP INC Vs ADIT
(2014) TaxCorp(LJ) 4185 (ITAT-HYDERABAD)
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Whether when the assessee is a distributor of medical devices purchased from its AE, and the fact that the costs of purchase are controlled costs, the adoption of operating profit to operating revenue as PLI is more appropriate as per the OECD TP Guidelines, 2010
DCIT. Vs. ST JUDE MEDICAL INDIA PVT LTD.
(2014) TaxCorp(LJ) 4184 (ITAT-HYDERABAD) · Income Tax - Section 92CA
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Whether when it comes to selection of comparables, the size of operations does not matter
BERKADIA SERVICES INDIA PVT LTD. Vs. DCIT
(2014) TaxCorp(LJ) 4183 (ITAT-HYDERABAD) · Income tax - Sections 10A, 92CA(1), 133(6), 143(3), 144C(5)
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Whether when the assessee has disclosed a material fact in respect of consideration received from sale of a house property which was indespensible for carrying out original assessment, the AO can initiate reassessment u/s 148 by culling out "difference in the amount of sale consideration on account of market value" as his "reasons to belive"
DCIT. Vs. BINANI METALS LIMITED
(2014) TaxCorp(LJ) 4182 (ITAT-MUMBAI) · Income tax - Sections 143(3), 147, 148
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Whether in the case of huge investments received by the assessee towards share capital, mere furnishing of PAN establishes the identity and creditworthiness of the creditors
CIT. Vs. FOCUS EXPORTS PVT LTD.
(2014) TaxCorp(LJ) 4181 (HC-DELHI) · Income Tax - Sections 68, 143(3), 144, 147
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S. 244A(1)(b): Refund of Self-Assessment tax is also entitled to interest
CIT vs. Indian Oil Corporation Ltd.
(2014) TaxCorp(LJ) 4180 (HC-BOMBAY) · Section. 244A(1)(b)
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S. 271(1)(c): Non-offering of stamp duty/DVO value as consideration for capital gains does not attract penalty if facts are on record
CIT vs. Fortune Hotels and Estates Pvt. Ltd.
(2014) TaxCorp(LJ) 4179 (HC-BOMBAY) · Section. 271(1)(c)
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HC – SCN issued to the company sufficient for prosecution of directors
INCOME TAX OFFICER Vs ANIL BATRA AND ANR
(2014) TaxCorp(LJ) 4178 (HC-DELHI) · 276-B
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Gujarat High Court : extension of return-filing date
ALL GUJARAT FEDERATION OF TAX CONSULTANTS Vs CENTRAL BOARD OF DIRECT TAXES
(2014) TaxCorp(LJ) 4177 (HC-GUJARAT) · 44AB
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Bombay High Court : Extension of due date for filing income tax return
THE CHAMBER OF TAX CONSULTANTS THROUGH ITS PRESIDENT SHRI PARAS SAVLA & OTHERS Vs UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF FINANCE & OTHERS
(2014) TaxCorp(LJ) 4176 (HC-BOMBAY) · 44AB
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SC - Stock Exchange, being a secured creditor, would have priority over Income Tax dues
THE STOCK EXCHANGE, BOMBAY Vs V S KANDALGAONKAR & ORS
(2014) TaxCorp(LJ) 4175 (SC)
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