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Case Law Details

Case Name : Yahoo India (P.) Ltd. Deputy Commissioner of Income-tax (ITAT Mumbai)
Related Assessment Year : 2004-05
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 ITAT MUMBAI BENCH ‘L’

Yahoo India (P.) Ltd. v. Deputy Commissioner of Income-tax, Range 7(3), Mumbai

IT APPEAL NO. 506 (MUM.) OF 2008 [ASSESSMENT YEAR 2004-05]

JUNE 24, 2011

ORDER

P.M. Jagtap, Accountant Member.

This appeal filed by the assessee is directed against the order of the learned CIT(A) XX

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0 Comments

  1. Saroj Kumar Agrawal says:

    This judgment establishes that banner advertisement, in the specific case, was not Royalty OR Technical Services. However, it was a business income. Still judgement went in favour of assessee because this business income was not chargeable to tax under ITA in absence of PE.
    After explanation added to section 195 vide Budget 2012-13, PE is not a criteria. And this has been made from retrospective date. Does it mean, if this case was to be decided on today’s date, it would have gone against the assessee?

    I am a SME in software export and my business heavily depends on Banner Advertisements. I shall be grateful if your other readers also react to it.

  2. Indranil Banerjee says:

    To all the Officials of Taxguru.

    Please accept my overwhelming gratitude and profound admiration of your (needless to say again ) really helpful and illuminating website which relentllessly stives to leave no stone unturned to disseminate everything that sees light of the day. I have scarcely found that something , be it a Judgment or any other promulgamation , is not found or available on your Website at the earliest opportunity . I sincerely wish all success and and the best . Being from West Bengal , with the Durga Puja being round the corner , I convey my Puja Greetings to you all .

    Banerjee

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