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ITAT Bangalore

Membership fee & legal fund paid to FIMI allowable as Business Expense to Mining Company

August 18, 2021 1197 Views 0 comment Print

Zeenath Transport Company Vs ACIT (ITAT Bangalore) The assessee during the year made payment of Rs.10 lakhs and 20 lakhs towards membership fee and legal fund respectively to Federation of Indian Mineral Industries. The federation of Indian Mineral Industries is an association of industries i.e engaged in the business of minerals and is a non […]

TDS not deductible on payment to Facebook Ireland & Mailchimp US for Advertisement

August 17, 2021 5745 Views 0 comment Print

Urban Ladder Home Décor Solutions Pvt. Ltd. Vs ACIT (ITAT Bangalore) A careful perusal of the relevant provisions of the agreement entered by the assessee with Facebook and Rocket Science Group (Mailchimp) would show that both these non-resident companies are allowing the assessee to use the facilities provided in their sites, which includes, inter alia, […]

Payments for computer software sold/licenced on a CD/other physical media cannot be classed as a royalty

August 11, 2021 1482 Views 0 comment Print

World Courier (India) Pvt. Ltd. Vs ACIT (ITAT Bangalore) M/s. World Courier (India) Pvt. Ltd. (Appellant) has filed an appeal against order dated April 24, 2017 of Commissioner of Income Tax (Appeals) (CIT(A)) on the issue whether Revenue authorities were justified in disallowing sum paid by the Appellant as software maintenance charges to its overseas […]

Consideration for sale of software with associated hardware cannot be treated as royalty

August 9, 2021 1566 Views 0 comment Print

Autodesk Asia Pte. Ltd. Vs ACIT (ITAT Bangalore) It was the case of the assessee that the sale of software / hardware was made outside India and the proceeds received from Indian distributors / customers was received by the assessee outside India. In the draft Order of Assessment, the AO treated the money received by […]

Receipts for sale of software licenses & provision of ancillary support services cannot be assessed as royalty income

August 5, 2021 1086 Views 0 comment Print

Informatica Business Solutions Pvt. Ltd. Vs DCIT (ITAT Bangalore) Assessee has sold software products and also received income for providing support services. He submitted that providing ancillary support services is also related to sale of software products only. He submitted that the decision rendered by Hon’ble Karnataka High Court in the case of Samsung Electronics […]

Corporate guarantee for supplies to AE in Singapore Falls under TP

August 4, 2021 510 Views 0 comment Print

Inflow Technologies Private Limited Vs ACIT (ITAT Bangalore) The assessee, as a part of share purchase agreement, during the business structuring had given a corporate guarantee to one of its group supplier CISCO for supplies made to its AE (Inflow Singapore). According to the assessee, it did not intend to get any remuneration for the […]

Assessee can object to inclusion/exclusion of companies at appellate proceedings stage

August 3, 2021 1101 Views 0 comment Print

Dell International Services India Pvt. Ltd. Vs JCIT (LTU) (ITAT Bangalore) The assessee did not object to inclusion of this company before the TPO but objected to inclusion of this company before DRP. The DRP did not adjudicate the objection. In these circumstances, we are of the view that exclusion of this company from the […]

No section 56(2)(vi) addition for Gift received from brother-in-law

July 29, 2021 1434 Views 0 comment Print

Y. C. Kallinatha Vs ACIT (ITAT Bangalore) The assessee had received a gift of Rs.22.50 lakh from Shri T.C.Shivakumar, who is brother-in- law of the assessee. The assessee had considered the transaction not coming within the purview of section 56(2)(vi) of the I.T.Act since gift was received from a relative covered under the definition of […]

Section 194LA TDS not attracted if it is not possible to quantify value in monetary terms

July 28, 2021 1062 Views 0 comment Print

Chief Accounts Officer Vs ITO (ITAT Bangalore) Provisions of section 194LA of the Act would apply only in the case of a compulsory acquisition and not to a case where lands were surrendered by land owners under section 14B of KTCP Act. Hon’ble High Court also held that since BBMP is not paying consideration for […]

Mere filing of voluminous correspondence, reports etc. not a proper compliance

July 27, 2021 840 Views 0 comment Print

M/s. Exide Life Insurance Company Ltd. Vs ACIT (ITAT Bangalore) The assessee has in the present case filed material before the TPO to demonstrate the nature of services rendered. In the paper book filed before us the index of the paper book gives a description of the service. We are of the view that the […]

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