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Courts: ITAT Mumbai

5,841 articles
Income TaxConstruction PE clause determines Existence of PE in case of engineering, procurement, commissioning services provider in oil fields Construction
Income Tax

Construction PE clause determines Existence of PE in case of engineering, procurement, commissioning services provider in oil fields Construction

TG Team16 years ago
Income TaxSupply of software is not transfer of copyright but only transfer of copyrighted article and such payment is not Royalty under India-Israel tax treaty
Income Tax

Supply of software is not transfer of copyright but only transfer of copyrighted article and such payment is not Royalty under India-Israel tax treaty

TG Team16 years ago
Income TaxPayment received for sale of copyright article does not amount to royalty under the India – USA tax treaty
Income Tax

Payment received for sale of copyright article does not amount to royalty under the India – USA tax treaty

TG Team16 years ago
Income TaxForeign income-taxes not eligible for deduction u/s 37(1). Despite bar in DTAA, credit for State taxes to be given u/s 91 in addition to Federal taxes
Income Tax

Foreign income-taxes not eligible for deduction u/s 37(1). Despite bar in DTAA, credit for State taxes to be given u/s 91 in addition to Federal taxes

TG Team16 years ago
Income TaxThough assessee shown as “owner” of demat shares in depository’s books, if he shows to be mere “pledgee”, there is no “benefit” u/s 2(24)(iv)
Income Tax

Though assessee shown as “owner” of demat shares in depository’s books, if he shows to be mere “pledgee”, there is no “benefit” u/s 2(24)(iv)

TG Team16 years ago
Income TaxForeign artistes are chargeable to tax in India but their agents are not in the absence of  PE- ITAT Mumbai
Income Tax

Foreign artistes are chargeable to tax in India but their agents are not in the absence of PE- ITAT Mumbai

TG Team16 years ago
Income TaxConsideration received by Singapore Company on sale of computer software cannot be treated as royalty
Income Tax

Consideration received by Singapore Company on sale of computer software cannot be treated as royalty

TG Team16 years ago
Income TaxNo Penalty on remittance without deduction of tax on the basis of CA Certificate
Income Tax

No Penalty on remittance without deduction of tax on the basis of CA Certificate

TG Team16 years ago
Income TaxCompensation including interest not taxable in absence of PE
Income Tax

Compensation including interest not taxable in absence of PE

TG Team16 years ago
Income TaxPassing of order by the tax officer not mandatory for filing an appeal under Section 248 of the Income-tax Act, before the CIT (Appeals)
Income Tax

Passing of order by the tax officer not mandatory for filing an appeal under Section 248 of the Income-tax Act, before the CIT (Appeals)

TG Team16 years ago
Income TaxInterest on refund has to be granted when withholding tax is paid pursuant to the AO’s order under section 195(2)
Income Tax

Interest on refund has to be granted when withholding tax is paid pursuant to the AO’s order under section 195(2)

TG Team16 years ago
Income TaxSale of identical goods to non-AEs cannot be taken as comparable under CUP, if there are significant differences in quantity sold, geography and cust
Income Tax

Sale of identical goods to non-AEs cannot be taken as comparable under CUP, if there are significant differences in quantity sold, geography and cust

TG Team16 years ago
Income TaxCapital gains on transfer of tenancy right, not being in the nature of land or building or both, cannot attract provisions of S. 50C
Income Tax

Capital gains on transfer of tenancy right, not being in the nature of land or building or both, cannot attract provisions of S. 50C

TG Team16 years ago
Income TaxFor an asset intensive industry, the appropriate Profit Level Indicator
Income Tax

For an asset intensive industry, the appropriate Profit Level Indicator

TG Team16 years ago