Income Tax Appellate Tribunal

  • Apr
  • 30

Transfer Pricing: Scope of +/- 5% tolerance adjustment to ALP explained

From the above second proviso to Section 92C(2), it is evident that if the variation between the arm’s length price and the price at which international transaction was actually undertaken does not exceed the specified percentage, then only the price at which the international transaction has actually been undertaken shall be deemed to be arm’s [...]

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  • Apr
  • 20

SC to decide whether to treat interest on DoT dues as operating expenditure

The Supreme Court will decide whether the interest paid on overdues to the Department of Telecom (DoT) can be treated as operating expenditure by operators. A three-judge bench has admitted a petition filed by Vodafone Essar Gujarat and decided to adjudicate whether such interest could be treated as operating expenditure.

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  • Feb
  • 10

Govt likely to challenge ITAT ruling on Bofors case

The government is likely to challenge the Income Tax Appellate Tribunal ruling on Bofors case in the Delhi High Court for its remarks against the Income Tax department. Though government was not a direct party in the case, based on the opinion of Att

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  • Oct
  • 20

Transfer of Members of Income Tax Appellate Tribunal (Oct 2010)

the following Members of the Tribunal are hereby transferred in public interest, in the same capacity, to the Bench/es of the Income Tax Appellate Tribunal as shown against their names with effect from the afternoon of 25th October, 2010. Shri. G. S. Pannu, AM Shri. A. L. Ghelot, AM. Shri. R. C. Sharma, AM. Shri. D. K. Srivastava, AM

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  • Oct
  • 10

Compensation including interest on cancellation of contract not taxable in the absence of Permanent Establishment

Compensation including interest on cancellation of contract not taxable in the absence of Permanent Establishment of the non-resident in India under India-UK tax treaty

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  • Sep
  • 03

FM calls for concrete steps to recover Rs 38K cr tax arrears

Concerned over Rs 38,000 crore in tax revenue being locked up in legal disputes, Finance Minister Pranab Mukherjee today asked the authorities to step up efforts to realise the taxes. “Rs 28,046 crore is blocked in appeal before CIT (Appeal) and Rs 10,010 crore before Income Tax Appellate Tribunal (ITAT),” Mukherjee said after meeting Revenue Department officials here.

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  • Aug
  • 23

Credit for brought forward MAT is to be given from gross demand before charging interest u/s 234B

Credit for brought forward MAT is to be given from gross demand before charging interest u/s 234B. 2. Interest u/s 244A was allowable on the refundable taxes arrived at after giving credit of brought forward MAT from the gross demand.

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  • Aug
  • 14

Rs. 12,000 crore tax demands locked on account of disputes pending at various courts

Over Rs 12,000 crore in tax demands was locked on account of disputes, pending resolution at various courts, as on June 30, 2010, Parliament was informed on Friday. While cases involving tax demand of about Rs 7,635 crore are pending in Income Tax Appellate Tribunal (ITAT), around Rs 3,849 crore is locked up in cases with High Courts, Finance Minister Pranab Mukherjee told the Lok Sabha in a written reply.

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  • Aug
  • 09

Mumbai ITAT upholds per hour billing rate published by NASSCOM for a specific business segment as an external CUP in determining the arm’s length price

The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has recently pronounced its ruling on an appeal originating from a transfer pricing adjustment imposed on 3 Global Services Private Limited (“assessee”). The assessee operates in the voice based customer care segment within the IT-enabled services (ITeS) industry. During financial year 2003-04, the assessee rendered services to its associated enterprises (“AEs”).

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  • Jun
  • 25

Judicial records held by the Income-Tax Appellate Tribunal are within the purview of the Right to Information Act

“We cannot accept the argument that because the information held by ITAT is in the form of only judicial record, such record is outside the purview of the RTI Act. The Supreme Court of India and High Courts, all have rules for disclosure of information both administrative and judicial.

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