Section 144C - Page 2

Non-passing of draft assessment order u/s 144C(1) renders final assessment Jurisdictionless

CWT India Private Limited Vs ACIT (Bombay High Court)

Bombay High Court held that failure to pass a draft assessment order under section 144C(1) of the Income Tax Act results in rendering the final assessment as one without jurisdiction....

Tax leviable as receipt qualifies as Fees for Technical Services as per Indo – Singapore DTAA

Gensler Singapore Private Limited Vs JCIT (ITAT Delhi)

ITAT Delhi held that payments received by the assessee qualifies as Fees for Technical Services (FTS) under sub-clause (4) of Article 12 of Indo – Singapore DTAA and hence rightly brought to tax @10%....

ITAT deletes ALP adjustment as it falls within tolerance band of +/- 5% 

STEAG Energy Services Vs ACIT (ITAT Delhi)

Read how ITAT Delhi deleted ALP adjustment in STEAG Energy Services vs. ACIT case, as it falls within tolerance band of +/- 5% under Section 92C(2) of Income Tax Act....

Section 271(1)(c) penalty unjustified without Income Concealment or Inaccurate Particulars

DCIT Vs Raytheon Company (ITAT Delhi)

ITAT Delhi held that imposition of penalty u/s. 271(1)(c) of the Income Tax Act unsustainable in absence of any concealment of income or furnishing inaccurate particulars of income by the assessee....

‘Non-cooperative attitude’ alone cannot justify penalties: ITAT Delhi

Alankit Imaginations Ltd Vs DCIT (ITAT Delhi)

Explore the case of Alankit Imaginations Ltd vs. DCIT (ITAT Delhi), where penalties were challenged. Learn why a 'non-cooperative attitude' alone cannot justify penalties....

Once assessment order is passed Dispute Resolution Panel not empowered to give direction

Undercarriage and Tractor Parts Pvt. Ltd. Vs Dispute Resolution Panel (Bombay High Court)

Bombay High Court held that Dispute Resolution Panel (DRP) could give directions only in pending assessment proceedings. Once assessment order is passed, DRP has not power to pass any direction....

Long term capital gain and indexation accepted for one co-owner needs to be allowed for other co-owner too

Pradeep Bansal Vs ACIT (ITAT Delhi)

ITAT Delhi held that once long term capital gain along with cost of acquisition and indexation accepted in the hands of one of the co-owner of the property, the same needs to be allowed/ accepted for other co-owner of the property too....

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....

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