Section 144C - Page 4

Depreciation eligible on Solar Power Plant as electricity utilized for factory operations

Viney Corporation Ltd Vs ACIT (ITAT Delhi)

ITAT Delhi held that depreciation on Solar Power Plant installed on office building which is part of factory and electricity so generated is used for factory only is allowable as per provision of law....

Addition of Offshore Supply Income to PE in India on account of loss Unjustified

Hitachi Ltd Vs ACIT (ITAT Delhi)

ITAT Delhi held that addition on account of attributing income from offshore supplies to permanent establishment in India unjustified in case of loss....

Assessment order against a non-existing entity post amalgamation is invalid

Crisil Ltd Vs ACIT (ITAT Mumbai)

ITAT Mumbai ruled that an assessment order against a non-existent entity (Pipal Research Analytics) is invalid. Insight into Crisil Ltd vs ACIT case....

ITAT Imposes Rs. 10,000 Cost on Appellant for not responding to notices issued by AO

Hunt International Investments LLC Vs DCIT (ITAT Mumbai)

ITAT Mumbai imposes Rs. 10,000 cost on Hunt International Investments LLC for non-response to notices under section 142(1). Details on the case inside....

Indexation Benefit for Acquisition Costs Based on Payment Year’s Index: ITAT

Bushra Javed Vs ACIT (ITAT Delhi)

Analysis of ITAT Delhi's ruling in Bushra Javed Vs ACIT: Indexation benefits for acquisition costs based on payment year. Read the full legal insight here....

Supply of rolling stock not taxable in India as transfer of title took place outside India

Bombardier Transportation GmbH Vs DCIT (ITAT Delhi)

ITAT Delhi held that the receipts from offshore supply of rolling stock (train sets) cannot be taxable in India as the transfer of title over the goods has taken place outside India....

TPO order passed after time limit prescribed u/s 92CA is barred by limitation

Frost & Sullivan (India) Private Limited Vs DCIT (ITAT Mumbai)

ITAT Mumbai held that as per section 92CA of the Income Tax Act, TPO can pass the order at any time before 60 days prior to the date on which period of limitation referred u/s 153 expires. TPO order passed after the prescribed time limit is non-est and barred by limitation....

Adoption of lower FMV based on DVO report unjustified as specific feature of property not considered

Madhurittu Puri United Kingdom Vs DCIT (ITAT Delhi)

ITAT Delhi held that there is no justification of adopting lower Fair Market Value (FMV) merely on the basis of DVO report as DVO has failed to consider the specific features of the property commanding higher value....

No Tax on Income of company registered in Isle of Man received as principal from its agent in India

ACIT Vs Star Cruise Management Ltd (ITAT Mumbai)

ITAT Mumbai held that services provided by Indian Company to company registered in Isle of Man (i.e. non-resident company) under Canvasser Agent Agreement, on principal-to-principal basis not taxable in India....

Disaster recovery playout services and up-linking services are not in nature of FTS under India-Singapore DTAA

Planetcast International Pte Ltd Vs ACIT (ITAT Delhi)

ITAT Delhi held that receipts from disaster recovery playout services and disaster recovery up-linking services are not in the nature of Fee for Technical Service (FTS) as envisaged under Article 12(4)(a) of India-Singapore DTAA....

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