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All ITAT

Printing of Newspaper amounts to production & manufacture

November 20, 2015 4841 Views 0 comment Print

Rajasthan Patrikia Pvt. Ltd. vs. ACIT- ITAT Jaipur held that newspapers and periodicals are distinct commodity than the paper, printing ink and other ingredients used therein. Since a new commercial product comes into existence

Agricultural land purchased without an adventure in the nature of trade is not a capital asset

November 20, 2015 1210 Views 0 comment Print

ITAT Chennai held in The ACIT Vs M/s Mansi Finance Chennai Ltd that if the agricultural land purchased by the assessee was not with an adventure in the nature of trade then that agricultural land could not be treated as a capital asset and liable for capital gain.

Depreciation should be considered for evaluating operating results of comparables

November 20, 2015 645 Views 0 comment Print

ITAT Hyderabad upholds AMD R&D’s plea on depreciation impact in transfer pricing. Infosys, L&T, Mindtree excluded. Get insights into the ruling.

Mere Lien over payment due to pending dispute does not result in cessation of trading liability u/s 41(1)

November 20, 2015 781 Views 0 comment Print

The ITO Vs Shri Radhey Shyam Agarwal (ITAT Jaipur) Once, there is an impending dispute between assessee and M/s. Laxmi Carpet Enterprises then it cannot be assumed that liability for payment has ceased

Commission to overseas Agents for Marketing of Products is not a fee for technical service

November 20, 2015 669 Views 0 comment Print

M/s Srivathsa Industries, Vs ACIT (ITAT Chennai) Admittedly, the assessee is engaged in manufacturing leather and leather garments. In order to market its product in foreign countries, the assessee engaged agents and paid commission to them.

TDS not deductible on web hosting & marketing services procured from US based entity

November 20, 2015 18259 Views 0 comment Print

The ITAT Chennai held that payments made by the assessee in the nature of webhosting and marketing expenses to US based service provider could not be taxed as Fees for technology services because there were not transfer of technology involved in render of services such that the services could be continuously used by the Indian company without recourse to the service provider.

Addition cannot be made for mere failure of Assessee to furnish current address of depositors

November 20, 2015 1097 Views 0 comment Print

Cama Hotels Ltd, Vs DCIT (ITAT AHEMDABAD) When the assessee had furnished the PAN of the concerned depositors, the Assessing Officer ought to have made inquiry from the jurisdictional Assessing Officers to find out the current address of the depositors.

No TDS liability u/s 194J on roaming charges

November 18, 2015 2650 Views 0 comment Print

ITAT Bangalore held In the case of M/s. Idea Cellular Ltd. vs. ACIT that there is no human intervention involved in providing roaming services, therefore, roaming charges paid by the assessee do not amount to fee for technical services u/s 194J.

Mere wrong claim of deduction did not give rise to penalty u/s 271(1)(C)

November 18, 2015 2330 Views 0 comment Print

ITAT held in Pooja Industries Vs ITO that penalty u/s 271(1)(c) could not be levied only because that the assessee had wrongly claimed deduction u/s 80IC @ 100% instead of deduction u/s 80IB. Penalty could only be levied only

Loss to banks on security classification from one to another category as per RBI directions is allowable expenditure

November 18, 2015 623 Views 0 comment Print

ITAT Delhi held In the case of Oriental Bank of Commerce vs. ACIT that any loss arising to banks on account of classification of securities form one category to another category in compliance with RBI directions is an allowable expense.

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