Section 144C judiciary-2

Section 144C(3) r.w.s. 144C(4) Mandate AO to Conclude Assessment within One Month if Assessee Accepts Draft Order or Fails to File Objection

Dilipkumar Jashbai Patel Vs ACIT (ITAT Ahmedabad)

Dilipkumar Jashbai Patel Vs ACIT (ITAT Ahmedabad)- Section 144C(3) r.w.s. 144C(4) Mandate AO to Conclude Assessment within One Month if Assessee Accepts Draft Order or Fails to File Objection...

Passing of assessment order two years after Dispute Resolution Panel direction is time barred

Vodafone Idea Limited Vs Central Processing Centre (Bombay High Court)

Bombay High Court held that assessment order passed by Faceless Assessing Officer (FAO) two years after the Dispute Resolution Panel (DRP) directions, is time barred and cannot be sustained....

Delhi HC Upholds ITAT’s Decision on Comparables for Arm’s Length Price

PCIT Vs Chrys Capital Investment Advisors (India) Pvt. Ltd. (Delhi High Court)

Delhi High Court supports ITAT’s verdict on the selection of comparables for determining the Arm’s Length Price of an international transaction. Get insights on PCIT vs Chrys Capital...

Assessment Proceedings Void Due to Invalid Draft Order

FedEx Express Transportation and Supply Chain Services (India) Private Limited Vs DCIT (ITAT Mumbai)

FedEx Express Transportation and Supply Chain Services (India) Private Limited Vs DCIT (ITAT Mumbai) The case of FedEx Express Transportation and Supply Chain Services (India) Private Limited Vs DCIT (ITAT Mumbai) revolves around the validity of a Transfer Pricing order, draft assessment order, and the consequent final assessment order. T...

Issuing Final Assessment Order Without Section 144C Compliance Unlawful

Defsys Solutions Pvt Ltd Vs ACIT (ITAT Delhi)

ITAT Delhi held that passing of final assessment order without complying with the terms of section 144C of the Income Tax Act, 1961 is untenable in law....

ITAT Declares Assessment Void Due to Non-Existent Entity

Rahil Marketing Pvt. Ltd. Vs DCIT (ITAT Ahmedabad)

In a significant ruling, ITAT Ahmedabad declares an assessment order void, passed in the name of a non-existent entity after a court-approved amalgamation....

Amount for use of transponder of telecommunication service charges doesn’t qualify as royalty

Inmarsat Solutions BV Vs ACIT (ITAT Delhi)

Held that the amounts received for the use of transponder of tele-communication service charges are not royalty under section 9(1)(vi) of the Income Tax Act and also under Article 12(8) of Indo Netherland DTAA....

Failure to Follow Mandatory Draft Assessment Invalidates Final Assessment Order

Sinogas Management PTE LTD Vs DCIT (Delhi High Court)

Delhi High Court invalidates final assessment order due to failure to pass a draft assessment order in Sinogas Management PTE LTD vs. DCIT case....

Appellate Authorities can Adopt Transfer Pricing Method different from that adopted by assessee

PCIT Vs Hellmann Worldwide Logistics India Pvt. Ltd (Delhi High Court)

In PCIT vs. Hellmann Worldwide Logistics India Pvt. Ltd case, Delhi High Court upholds appellate authorities' right to choose a different transfer pricing method....

TP Adjustment for AMP Expenditure deleted due to Lack of Brand Promotion Agreement with AE

Kellogg India Pvt. Ltd Vs ACIT (ITAT Mumbai)

ITAT Mumbai held that there was no express arrangement / agreement between the assessee and the AE for incurring advertisement, marketing and promotional expenses (AMP) to promote the brand of the AE and hence the said transactions would not constitute international transaction relating to AMP expenditure. Thus, TP adjustment deleted....

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