ITAT Pune

In absence of PE Training charges cannot be taxed as Business Income under DTAA with Sweden

Sandvik AB Vs DCIT (ITAT pune)

Sandvik AB Vs DCIT (ITAT pune) We find that the assessee characterized the receipt of Training fee as a consideration for `managerial’ services within the overall ambit of Article 12 and the Revenue also accepted the same as falling under that Article but as `consultancy or technical’ service. We have held supra that the Training [&he...

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Section 271D Penalty Not Valid If Assessee Bonafidely explains Reasonable Cause

Bapujibuwa Nagari Sahakari Pat Sanstha Maryadit VS JCIT (ITAT Pune)

Bapujibuwa Nagari Sahakari Pat Sanstha Maryadit VS JCIT (ITAT Pune) The expression ‘reasonable cause’ has to be considered pragmatically and if the facts of the present case are examined keeping this legislative spirit in mind, we find that there were enough circumstances to show that the assessee company had acquired bona-fid...

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Depreciation eligible on right to collect Adda fees against expense on construction of Bus Terminal 

JCIT (OSD) Vs Rohan And Rajdeep Infrastructure Pvt. Ltd. (ITAT Pune)

Assessee also incurred expenditure in constructing Amritsar Bus Terminal on BOT basis and to recoup said investment, assessee was allowed to collect Adda fees from users of said bus terminal. The said right was business or commercial right in terms of section 32(1)(ii) and was an intangible asset, therefore, assessee was entitled to claim...

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Income from Sale of Software is Business Income & not the Royalty income

Nortonlifelock Inc. Vs ACIT (ITAT Pune)

Nortonlifelock Inc. Vs ACIT (ITAT Pune) ITAT held that income earned by the assessee from sale of software, either directly to the customers in India or through distributors or resellers constitutes its business income and not the Royalty income and as such business income is not taxable in India as the assessee did not have […]...

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Addition for understatement of debtors not sustainable if Sales not disputed

DCIT Vs Sheth & Sura Engineers Private Ltd. (ITAT Pune)

DCIT Vs Sheth & Sura Engineers Private Ltd. (ITAT Pune) It is an undisputed fact that the entire turnover of the assessee is exclusively from Government Department and the said turnover has not been disputed by the Assessing Officer. The Assessing Officer has also not considered the debtors of other divisions and only considered debto...

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ITAT allows interest Paid to Partnership Firm

Rajesh Madanmohan Chaudhary Vs ITO (ITAT Pune)

Rajesh Madanmohan Chaudhary Vs ITO (ITAT Pune) The assessee in the present case is an individual who is a partner in eight partnership firms. The return of income for the year under consideration was filed by him on 17.10.2016 declaring a loss of Rs.20,74,862/-. During the course of assessment proceedings it was noticed by the […]...

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Depreciation eligible on Bus Terminal constructed on BOT basis

JCIT (OSD) Vs Rohan and Rajdeep Infrastructure Pvt. Ltd. (ITAT Pune)

JCIT (OSD) Vs Rohan and Rajdeep Infrastructure Pvt. Ltd. (ITAT Pune) Assessee incurred expenditure in constructing Amritsar Bus Terminal on BOT basis and to recoup the said investment, the assessee was allowed to collect add a fees from the users of the said bus terminal. In our view, the said right is business or commercial […]...

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ITAT Allows section 11 Exemption to NIXI

ACIT (E) V. National Internet Exchange of India (ITAT Pune)

National Internet Exchange of India Vs ACIT (ITAT Pune) National Internet Exchange of India (NIXI) is engaged in carrying out running of internet exchange and registration of domain name. For running of internet exchange, the assessee is charging membership fees, connectivity charges, data transferred differential. For registration of dom...

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Taxation of Income from Sale of software under India-USA tax treaty

Norton Lifelock Inc. Vs DCIT (ITAT Pune)

Norton Lifelock Inc. Vs DCIT (ITAT Pune) The assessee sold software licenses to end users in India which was claimed as not chargeable to tax. The Revenue treated such amount as Royalty income. We thus primarily need to decide the nature of income earned by the assessee from the sale of software licenses as to […]...

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Income from sale of software constitutes business income instead of royalty in absence of PE

Norton Lifelock Inc. Vs DCIT (IT) (ITAT Pune)

Income earned by assessee from sale of software, either directly to the customers in India or through Distributors or Resellers constituted its business income and not the Royalty income. As admittedly assessee did not have any Permanent Establishment in India, such income will not magnetize Indian taxation....

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