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TDS u/s. 195 not deductible on expense of management and marketing support service paid to foreign company: ITAT Delhi

March 27, 2024 2580 Views 0 comment Print

ITAT Delhi held that expense towards management and marketing support service paid to foreign company is not taxable under Fee for Technical Service (FTS) under India-Netherlands Double Taxation Avoidance Agreement (DTAA) and hence TDS not deductible u/s. 195 of the Income Tax Act.

Expense excluded from export turnover to be excluded from total turnover for deduction u/s 10A: ITAT Mumbai

March 26, 2024 738 Views 0 comment Print

ITAT Mumbai held that the expenses excluded from the export turnover have to be excluded from the total turnover as well while computing deduction u/s 10A of the Income Tax Act.

Exemption u/s. 10(26) available to individual members of Scheduled Tribe & not to firm: ITAT Guwahati

March 26, 2024 2337 Views 0 comment Print

ITAT Guwahati held that the exemption of 10(26) of the Income Tax Act is available to the individual members of the Scheduled Tribe and that this benefit cannot be extended to a firm which has been recognized as a separate assessable person under the Income Tax Act.

Notional interest for delay in realization of export proceeds from AEs unwarranted: ITAT Mumbai

March 26, 2024 1083 Views 0 comment Print

ITAT Mumbai held that as there is complete uniformity in not charging interest from AEs and Non-AEs for delay in realization of export proceeds, addition of notional interest in respect of transactions with AEs in the course of transfer pricing proceedings unwarranted.

Reopening Without Cogent Material & on Mere Surmise/Conjecture is Unsustainable: ITAT Delhi

March 26, 2024 2850 Views 0 comment Print

ITAT Delhi held that the reopening of assessment had been initiated by mere surmise and conjecture without having any cogent material to form a reasonable belief that income of the assessee had escaped assessment within the meaning of section 147 of the Income Tax Act.

ITAT allows Expenditure on power of attorney, air tickets, hotel stays against capital gain

March 24, 2024 14073 Views 0 comment Print

In Adil Rehman’s case, ITAT Hyderabad allows expenditure on special power of attorney, air tickets, hotel stays, etc., as deductible in computing capital gains under Section 48(i) of the Income Tax Act.

India-Thailand DTAA: Non-Resident’s Fee for Technical Services Exempt from Taxation

March 24, 2024 4656 Views 0 comment Print

Discover the ITAT Delhi ruling on taxing income from providing business support services to Indian group entities. Analysis of Solvay Asia vs. DCIT case under India-Thailand DTAA.

ITAT Allows Indexed Cost of Construction for Penthouse Regularized on Sale Date

March 24, 2024 1347 Views 0 comment Print

Read the detailed analysis of ITAT Bangalore’s decision in Jayanti Vasishta vs ITO allowing indexed cost of construction for a penthouse regularized on the sale date.

Registrar of Companies Fees for Working Capital Enhancement is Capital Expenditure

March 24, 2024 999 Views 0 comment Print

Explore the case of Dharani Developers Private Limited Vs ACIT, addressing whether fees paid to Registrar of Companies for enhancing working capital should be treated as revenue or capital expenditure.

Section 2(22) Not Applicable to Non-Beneficiary Shareholders: ITAT Kolkata

March 24, 2024 678 Views 0 comment Print

In DCIT Vs Eko Diagnostic Pvt. Ltd., ITAT Kolkata rules that Section 2(22) of Income Tax Act doesn’t apply to non-beneficiary shareholders in loan-receiving companies.

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