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ITAT Delhi

Guarantee Fee cannot be treated as Interest- India-Netherlands DTAA

June 24, 2020 5253 Views 0 comment Print

Lease Plan India Pvt. Ltd. Vs DCIT (ITAT Delhi) In the present case apparently, AE has not provided any capital to the appellant on which income is earned. It is a corporate guarantee , being a surety to the lender bank of the appellant that, if in a case, in future, the appellant fails to […]

No Deemed Dividend on Business transactions via current A/c

June 24, 2020 6981 Views 0 comment Print

Transactions carried out through current account for business purposes would not fall within the definition of Deemed Dividend.  Therefore provisions of Section 2(22)(e) of the I.T. Act, 1961, would not apply.

Amendment to Section 40(a)(ia) restricting disallowance to 30% is retrospective

June 24, 2020 9114 Views 1 comment Print

Muradul Haque Vs ITO (ITAT Delhi) Finance (No.2) Act has made amendment to section 40(a)(ia) of the Act w.e.f. 01.04.2015. Various benches of the Tribunals including the Delhi Benches of the Tribunal, have held the amendment made by Finance (No 2) Act to be curative in nature. We further finds the coordinate bench of the […]

If Interest Free Funds available it presumed that Investments made from that Available Funds

June 24, 2020 1161 Views 0 comment Print

Whether the disallowance of Interest u/s 36(1)(iii) is justified in law? If interest free funds available it presumed that Investments made from that available funds.

No conversion from limited to complete scrutiny on mere suspicion 

June 24, 2020 2166 Views 0 comment Print

The issue under consideration whether conversion of the case from limited scrutiny to complete scrutiny is justified in law?

Year of taxability of unutilised portion of capital gains- Section 54/54F

June 23, 2020 6162 Views 0 comment Print

Deepak Bhardwaj Vs ITO (ITAT Delhi) Only question that arises for our consideration is whether the unutilised portion of capital gains is liable for tax either in the year in which such long term capital gains arose or in the year in which the period of 3 years for such utilisation expires. Under identical facts […]

Reimbursement of Audit fees to foreign parent company: Taxable

June 23, 2020 4023 Views 0 comment Print

SPX India Pvt. Ltd. Vs CIT (ITAT Delhi) Tax was required to be deducted at source on share of ISO audit expenses paid to foreign parent company, as element of income was embedded in receipt of auditor.  FULL TEXT OF THE ITAT JUDGEMENT Assessee is in appeal before us against the order of ld. CIT […]

No Tax on Payment for link charges to USA telecom service providers

June 23, 2020 2349 Views 0 comment Print

Convergys Customer Management Group Inc. Vs ADIT (ITAT Delhi) The assessee made payment for link charges to telecom service providers in the USA and cross-charged the portion of the cost incurred by it in connection with the India half link to CIS, which was accordingly reimbursed by CIS to assessee. The assessee has merely procured […]

No AMP expenditure of assessee lead to promotion of brands of its AEs

June 23, 2020 1587 Views 0 comment Print

AMP expenditure of assessee did not have a direct bearing on the promotion of brands of its AEs as the issue stood decided in favour of assessee by the decision of the Tribunal in assessee’s own case for the preceding assessment years i.e., A.Y. 2007-08 and 2008-09.

Transponder charges received by assessee are not taxable as Royalty

June 17, 2020 951 Views 0 comment Print

The issue under consideration is that Whether the receipts of the assessees from transponder is royalty under the Income Tax Act, 1961, and if the answer is in the affirmative, whether it is taxable?

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