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Broadcasting Reproduction Right not covered under definition of Royalty under Article 12 of India-USA DTAA

September 30, 2023 975 Views 0 comment Print

ITAT Mumbai held that Broadcasting Reproduction Right is not covered under the definition of Royalty under the Income Tax Act as well as Article 12 of the India-USA DTAA.

Other method in rule 10AB is most appropriate method in case of royalty transactions

September 30, 2023 2223 Views 0 comment Print

ITAT Mumbai held that “other method” provided in Rule 10AB r.w.s. 92C (1) would be a good substitute for CUP as there is lack of reliable comparables in case of royalty transactions as royalty payments have been made for unique intangibles

Section 271(1)(c) penalty cannot be imposed merely for incorrect income head treatment

September 30, 2023 21306 Views 0 comment Print

In a significant decision, ITAT Mumbai rules in favor of D.C. Polyester Ltd., stating that penalties under Section 271(1)(c) of the Income Tax Act cannot be imposed for incorrect income head treatment.

No Section 14A Disallowance if Assessee has Surplus Interest-Free Funds Exceeding Exempt Income Investments

September 30, 2023 1215 Views 0 comment Print

Aditya Birla Nuvo Limited receives relief as ITAT Mumbai rules that investments yielding exempt income must be considered for disallowance under Rule 8D(2).

Income Surrendered During Survey Not Taxable at 60% under Section 115BBE

September 30, 2023 3387 Views 0 comment Print

ITAT Delhi quashes revision order, ruling that additional income surrendered during survey proceedings should not be taxed at 60% under Section 115BBE of the Income Tax Act.

No Section 44ADA Addition for Consultancy Income by 10th-Passed Assessee

September 30, 2023 15852 Views 0 comment Print

ITAT Mumbai rules that income earned from a consultancy business, even with TDS deductions, should not be taxed under Section 44ADA of the Income Tax Act.

No Section 14A Disallowance of Expenditure for Stock-in-Trade Securities

September 30, 2023 885 Views 0 comment Print

ITAT Mumbai grants relief to Central Bank of India, disallowing expenditure under Section 14A for securities held as stock-in-trade, citing the Maxopp Investment Ltd case.

ITAT upheld Section 147 reopening as AO had tangible material in his possession

September 30, 2023 654 Views 0 comment Print

In the case of Lakshman Tools Pvt. Ltd. Vs. ITO (ITAT Delhi), learn about the validity of Section 147 application, non-genuine purchases, and commission payments.

ITAT Grants Section 12AA Registration for Trust’s COVID-19 Relief Activities

September 30, 2023 456 Views 0 comment Print

In a recent case, ITAT Pune grants 12AA registration to Kanojiya Pardeshi Dhobi Trust, allowing its charitable activities during COVID-19. Full order analysis.

No Section 271B Penalty without Assessee’s Reasonable Opportunity to be Heard

September 30, 2023 1191 Views 0 comment Print

In a landmark decision, ITAT Mumbai rules in favor of Evermore Polymer Systems Ltd., stating that penalties under Section 271B require a reasonable opportunity to be heard.

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