Section 144C

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ITAT Grants 30% Depreciation on Philips India’s Business-Owned Moulds

Philips India Limited ACIT (ITAT Kolkata) - Read the full text of the ITAT Kolkata order in the case of Philips India Limited vs. ACIT regarding the grant of 30% depreciation on business-owned moulds....

Benefit of indexed cost of acquisition available based on payments dates

Bhupinder Singh Julka Vs ACIT (ITAT Delhi) - ITAT Delhi held that held that benefit of indexed cost of acquisition should be available to assessee based on payments made. Accordingly, AO directed to re-compute gain....

Payment of guarantee fees to holding company for loan advanced to third party is deductible u/s. 37

DCIT Vs Rabo India Finance Ltd (ITAT Mumbai) - ITAT Mumbai held that guarantee fees paid to holding company for loan advanced by assessee to third party is commercial/ business expediency and hence allowable as deduction under Section 37 of the Income Tax Act....

Payment towards interconnectivity utility charges from Indian customers not taxable as Royalty

Al Telekom Austria Vs DCIT (ITAT Bangalore) - ITAT Bangalore held that payments received towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty to be brought to tax in India under section 9(1)(vi) of the Income Tax Act and also as per DTAA....

Fees for live and non-live transmission right not taxable as royalty

Cricket Australia Vs ACIT (ITAT Delhi) - ITAT Delhi held that as there is no copyright on live events, the license fees for live and non-live transmission right cannot be taxed as royaty in terms of section 9(1)(vi) of the Income Tax Act. Accordingly, addition deleted....

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Recent Posts in "Section 144C"

ITAT Grants 30% Depreciation on Philips India’s Business-Owned Moulds

Philips India Limited ACIT (ITAT Kolkata)

Read the full text of the ITAT Kolkata order in the case of Philips India Limited vs. ACIT regarding the grant of 30% depreciation on business-owned moulds....

Benefit of indexed cost of acquisition available based on payments dates

Bhupinder Singh Julka Vs ACIT (ITAT Delhi)

ITAT Delhi held that held that benefit of indexed cost of acquisition should be available to assessee based on payments made. Accordingly, AO directed to re-compute gain....

Payment of guarantee fees to holding company for loan advanced to third party is deductible u/s. 37

DCIT Vs Rabo India Finance Ltd (ITAT Mumbai)

ITAT Mumbai held that guarantee fees paid to holding company for loan advanced by assessee to third party is commercial/ business expediency and hence allowable as deduction under Section 37 of the Income Tax Act....

Payment towards interconnectivity utility charges from Indian customers not taxable as Royalty

Al Telekom Austria Vs DCIT (ITAT Bangalore)

ITAT Bangalore held that payments received towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty to be brought to tax in India under section 9(1)(vi) of the Income Tax Act and also as per DTAA....

Fees for live and non-live transmission right not taxable as royalty

Cricket Australia Vs ACIT (ITAT Delhi)

ITAT Delhi held that as there is no copyright on live events, the license fees for live and non-live transmission right cannot be taxed as royaty in terms of section 9(1)(vi) of the Income Tax Act. Accordingly, addition deleted....

AO not empowered to withdraw or modify or substitute assessment order passed by him

DCIT Vs Mondon Investments (ITAT Delhi)

ITAT Delhi held that law does not confer any power on the Assessing Officer to either withdraw or modify or substitute one assessment order passed by him earlier with another assessment order subsequently....

Specified domestic transactions adjustment invalid after 01.04.2017

Relaxo Footwear Ltd. Vs Assessing Officer (ITAT Delhi)

Finance Act, 2017 removed clause (i) of section 92BA, effectively nullifying any decisions made by the Assessing Officer under this section. Reference to the TPO under section 92CA also becomes invalid...

Software licence fee reimbursement not taxable as no Permanent Establishment in India

GE Precision Healthcare LLC Vs ACIT (ITAT Delhi)

ITAT Delhi held that software licence fee received as reimbursement, in absence of a Permanent Establishment in India, is not taxable. Accordingly, addition towards the same deleted....

Only assessee can sign Form number 35A prescribed under Income Tax (Dispute Resolution Panel) Rules, 2009

Bridge India Fund Vs ACIT (ITAT Mumbai)

In present facts of the case, it was observed by the Tribunal that only Assessee could sign Form number 35A prescribed under Income Tax (Dispute Resolution Panel) Rules, 2009....

Communication relating to assessments, appeals, orders without DIN are null & void

Hardik Rao Vs DCIT (ITAT Delhi)

In present facts of the case, the Tribunal held that Assessment Order issued without DIN is null and void as it is in violation of CBDT Circular No. 19/2019 dated 1 4th August, 2019....

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