Sponsored
    Follow Us:

Case Law Details

Case Name : EPRSS Prepaid Recharge Services India Pvt. Ltd. Vs ITO (ITAT Pune)
Appeal Number : ITA No. 86/PUN/2017
Date of Judgement/Order : 05/12/2018
Related Assessment Year : 2012-13
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

EPRSS Prepaid Recharge Services India Pvt. Ltd. Vs ITO (ITAT Pune)

Tribunal further observed that there was no amendment in the DTAA between the two countries analogous to the Explanation 5 to section 9(1) of the Act and accordingly Amazon was not chargeable to tax in respect of Web hosting charges received from the assessee in India. The Tribunal still further held that the amount paid to Amazon, at the first instance, was not in the nature of royalty itself. The ld. DR fairly admitted that the facts and circumstances prevailing in the instant year are mutatis mutandis similar to those of preceding years. Respectfully following the precedent, I overturn the impugned order on this score and order for the deletion of addition of Rs. 46,28,457/- made and confirmed by the authorities below.

FULL TEXT OF THE ITAT JUDGMENT

This appeal by the assessee arises out of the order passed by the CIT(A)-1, Pune on 06-10-2016 in relation to the assessment year 2012-13.

2. The only issue raised in this appeal is against the confirmation of disallowance of Rs.46,28,457/- made by the Assessing Officer (AO) u/s. 40(a)(i) of the Income-tax Act, 1961 (hereinafter also called as ‘the Act’).

Please become a Premium member. If you are already a Premium member, login here to access the full content.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

One Comment

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031