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Income Tax Appellate Tribunal

Latest Articles


Income Tax Appellate Tribunal – An Introduction

Income Tax : Learn all about the Income Tax Appellate Tribunal. Find out about appealable orders, time-limits, and the composition of the Tribu...

January 14, 2020 24123 Views 1 comment Print

Consistency, Uniformity & Equality in Filing of Appeals against Appellate Orders before Higher Forums

Income Tax : It is often seen that some Appellate orders in Vat/Income Tax/Excise/Service Tax are accepted by the Administrative Authorities wh...

February 17, 2015 675 Views 0 comment Print

Payment made outside India taxable if deal has links with India

Income Tax : The Income-tax department can tax even a payment made to a foreign entity outside India, if the transaction has a business connect...

May 29, 2010 786 Views 0 comment Print

In order to determine the arm’s length price of the international transaction, the arm’s length margin should be applied only on the international transaction

Income Tax : The Mumbai Bench of the Income-tax Appellate Tribunal (‘Tribunal’) in the case of T Two International Pvt. Ltd., Tara Jewels E...

May 29, 2010 534 Views 0 comment Print


Latest News


SC to decide whether to treat interest on DoT dues as operating expenditure

Income Tax : The Supreme Court will decide whether the interest paid on overdues to the Department of Telecom (DoT) can be treated as operating...

April 20, 2011 738 Views 0 comment Print

Govt likely to challenge ITAT ruling on Bofors case

Income Tax : The government is likely to challenge the Income Tax Appellate Tribunal ruling on Bofors case in the Delhi High Court for its rema...

February 10, 2011 441 Views 0 comment Print

Transfer of Members of Income Tax Appellate Tribunal (Oct 2010)

Income Tax : the following Members of the Tribunal are hereby transferred in public interest, in the same capacity, to the Bench/es of the Inco...

October 20, 2010 436 Views 0 comment Print

FM calls for concrete steps to recover Rs 38K cr tax arrears

Income Tax : Concerned over Rs 38,000 crore in tax revenue being locked up in legal disputes, Finance Minister Pranab Mukherjee today asked the...

September 3, 2010 583 Views 0 comment Print

Rs. 12,000 crore tax demands locked on account of disputes pending at various courts

Income Tax : Over Rs 12,000 crore in tax demands was locked on account of disputes, pending resolution at various courts, as on June 30, 2010, ...

August 14, 2010 531 Views 0 comment Print


Latest Judiciary


AO cannot make changes in accounts certified under Companies Act for Computing book profit

Income Tax : In the cited case, ITAT held that the Assessing Officer does not have power to embark upon the fresh enquiry with regard to the en...

October 5, 2015 2134 Views 0 comment Print

Disallowance of interest on presumption of use in capital work-in-progress not sustainable

Income Tax : In case of JCIT vs. Riddhi Siddhi Gluco Biols Ltd. The Ahmedabad tribunal has held that Interest free funds available with assess...

October 3, 2015 2777 Views 0 comment Print

Deduction U/s. 10A cannot be disallowed for mere belated receipt of export proceeds

Income Tax : In case of ITO VS. M/s.Testree Solutions Pvt. Ltd, ITAT Bangalore held that the export proceeds received after the expiry of the p...

October 3, 2015 1688 Views 0 comment Print

No addition for expense shown in projected P&L A/c without showing corroborative evidences

Income Tax : In the case of DCIT vs. M/s. Vaghasia Associates, ITAT Ahmedabad held that merely because some estimated labour payment was writte...

October 3, 2015 795 Views 0 comment Print

Wealth Tax Exemption for Commercial property available if used for business by others

Income Tax : In case of ACIT vs. M/s. Prasad Machinery Pvt. Ltd. (ITAT Ahmedabad) assessee was owner of factory building. It allotted certain ...

October 3, 2015 2358 Views 0 comment Print


Govt likely to challenge ITAT ruling on Bofors case

February 10, 2011 441 Views 0 comment Print

The government is likely to challenge the Income Tax Appellate Tribunal ruling on Bofors case in the Delhi High Court for its remarks against the Income Tax department. Though government was not a direct party in the case, based on the opinion of Attorney General Mr Ghoolam Vahanvati, the Law Ministry is understood to have asked the Finance Ministry to challenge the ITAT ruling as it contained certain remarks against the Income Tax department.

Transfer of Members of Income Tax Appellate Tribunal (Oct 2010)

October 20, 2010 436 Views 0 comment Print

the following Members of the Tribunal are hereby transferred in public interest, in the same capacity, to the Bench/es of the Income Tax Appellate Tribunal as shown against their names with effect from the afternoon of 25th October, 2010. Shri. G. S. Pannu, AM Shri. A. L. Ghelot, AM. Shri. R. C. Sharma, AM. Shri. D. K. Srivastava, AM

Compensation including interest on cancellation of contract not taxable in absence of PE

October 10, 2010 807 Views 0 comment Print

Compensation including interest on cancellation of contract not taxable in the absence of Permanent Establishment of the non-resident in India under India-UK tax treaty

FM calls for concrete steps to recover Rs 38K cr tax arrears

September 3, 2010 583 Views 0 comment Print

Concerned over Rs 38,000 crore in tax revenue being locked up in legal disputes, Finance Minister Pranab Mukherjee today asked the authorities to step up efforts to realise the taxes. “Rs 28,046 crore is blocked in appeal before CIT (Appeal) and Rs 10,010 crore before Income Tax Appellate Tribunal (ITAT),” Mukherjee said after meeting Revenue Department officials here.

Rs. 12,000 crore tax demands locked on account of disputes pending at various courts

August 14, 2010 531 Views 0 comment Print

Over Rs 12,000 crore in tax demands was locked on account of disputes, pending resolution at various courts, as on June 30, 2010, Parliament was informed on Friday. While cases involving tax demand of about Rs 7,635 crore are pending in Income Tax Appellate Tribunal (ITAT), around Rs 3,849 crore is locked up in cases with High Courts, Finance Minister Pranab Mukherjee told the Lok Sabha in a written reply.

Mumbai ITAT upholds per hour billing rate published by NASSCOM for a specific business segment as an external CUP in determining the arm’s length price

August 9, 2010 1275 Views 0 comment Print

The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has recently pronounced its ruling on an appeal originating from a transfer pricing adjustment imposed on 3 Global Services Private Limited (“assessee”). The assessee operates in the voice based customer care segment within the IT-enabled services (ITeS) industry. During financial year 2003-04, the assessee rendered services to its associated enterprises (“AEs”).

Payment made outside India taxable if deal has links with India

May 29, 2010 786 Views 0 comment Print

The Income-tax department can tax even a payment made to a foreign entity outside India, if the transaction has a business connection within the country, according to a verdict passed last week by the Income Tax Appellate Tribunal, Mumbai.

In order to determine the arm’s length price of the international transaction, the arm’s length margin should be applied only on the international transaction

May 29, 2010 534 Views 0 comment Print

The Mumbai Bench of the Income-tax Appellate Tribunal (‘Tribunal’) in the case of T Two International Pvt. Ltd., Tara Jewels Exports Pvt. Ltd. and Tara Ultimo Pvt. Ltd. (See Note-1) (‘the ‘Company’ or ‘taxpayer’), held that in order to determine the arm’s length price of the international transaction, the arm’s length margin should be applied only on the international transaction and not on the entire costs / sales of the taxpayer, as the case may be.

The Delhi High Court reiterates that tax is not required to be deducted if the payment made to non-resident is not chargeable to tax in India

May 22, 2010 1794 Views 0 comment Print

Recently, the Delhi High Court in the case of Maharishi Housing Development Finance Corporation Ltd. v. ACIT (ITA no. 222 of 2009) (Delhi) after following its own decision in the case of Van Oord ACZ India (P) Ltd v. CIT [2010-TIOL-1 87-HC-DEL-IT] held that the question of tax withholding in case of payment made to non-resident would arise only if the said payment is chargeable to tax in India.

Top Income Tax officers leaving job to join Private Sector

May 11, 2010 7561 Views 0 comment Print

CLOSE on the heels of the voluntary retirements of a dozen officers two months ago, another set of officers from the Indian Revenue Service (IRS), the finance ministry’s arm for collecting direct taxes, have put in their papers. Many of the officers, it is learnt, are likely to take up more lucrative posts with the private sector, sooner or later.

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