Income Tax judiciary-2

Aggrieved party is entitled to receive compensation from party who has broken contract

A.S. Motors Pvt. Ltd. Vs Union of India & Ors. (Supreme Court of India)

Supreme Court held that an aggrieved party is entitled to receive compensation from the party who has broken the contract whether or not actual damage or loss is proved to have been caused by the breach....

Writ not entertained as authority empowered u/s. 5 of PMLA Act scrutinized material while passing provisional attachment order

Santiago Martin Vs Union of India (Kerala High Court)

Kerala High Court dismissed the writ petitioner stating that as authority empowered u/s. 5 of PMLA Act scrutinized the materials while passing provisional attachment order and hence it is not justifiable to exercise extraordinary powers under Article 226 of the Constitution of India....

Assessment order passed in case of amalgamated entity is null and void

India Medtronic Private Limited Vs Additional/Joint/Deputy/ACIT/ITO (ITAT Mumbai)

ITAT Mumbai held that the entire assessment order have not been passed in the case of non-­existing entity i.e. amalgamated entity is null and void and hence liable to be quashed....

Services by non-resident agent for completion of export commitment doesn’t fall under Fee for Technical Services

DCIT/ACIT Vs VA Tech Wabag Ltd. (ITAT Chennai)

ITAT Chennai held that the services rendered by non-resident agent for completion of export commitment would not fall under the definition for fee for technical services. Hence, disallowance alleging non-deduction of TDS unjustified....

TP Adjustment relating to receipt of brand royalty from AE deleted as brand not owned by assessee

Tata Consultancy Services Limited Vs DCIT (ITAT Mumbai)

ITAT Mumbai held that the fee paid by the assessee i.e. Tata Consultancy Services towards the brand to Tata and Sons Ltd. is not capital in nature for the reason that the brand is not owned by the assessee. Hence, there cannot be any TP adjustment towards the amount that ought to have been received by the assessee towards brand royalty....

Deduction u/s 80IA(4) of Income Tax Act available to developer of infrastructure facility

Agarwal Joint Venture Vs CIT (ITAT Ahmedabad)

ITAT Ahmedabad held that the assessee is engaged in development of the infrastructure facility and therefore, a developer, which confers right of eligibility to the assessee to claim benefits u/s. 80IA(4) of the Income Tax Act. Mere referring assessee as a contractor in the agreement cannot deprive assessee from claiming deduction u/s. 80...

Receipt of government grant in lieu of Financial Restructuring Plant not to be reduced from capital assets

Gujarat Urja Vikas Nigam Ltd Vs CIT (ITAT Ahmedabad)

ITAT Ahmedabad held that government grants received in lieu of FRP i.e. Financial Restructuring Plant is not required to be reduced from the cost of capital assets. Accordingly, reopening of assessment unjustified....

Subscription, professional and training services doesn’t qualify as FTS under India-Netherland DTAA

Service Now Nederland BV Vs ACIT (ITAT Delhi)

ITAT Delhi held that income from subscription, professional and training services for use of software doesn’t fall within the definition of Fees for Technical Services (FTS) under India-Netherlands DTAA and hence cannot be taxed in India....

Disallowance of interest on unsecured loans unjustified as genuineness of loan not disputed

Biren Suresh Karani Vs ITO (ITAT Mumbai)

ITAT Mumbai held that disallowance of interest on unsecured loans unjustified as genuineness of loans and utilization of loan funds for business purpose not disputed and interest paid on open in balances of unsecured loan creditors....

Criminal Charges for delayed tax payment Persist Despite Vivad Se Vishwas Scheme: SC

PCIT Vs Macrotech Developers Ltd. (Supreme Court of India)

Supreme Court decision: Criminal charges for late self-assessment tax payment to persist despite Vivad Se Vishwas Scheme approval. Get insights into the ruling....

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