Section 144C - Page 5

TPO order passed beyond time limit prescribed u/s 92CA(3) is barred by limitation

Shell India Markets Pvt. Ltd. Vs ACIT (ITAT Mumbai)

ITAT Mumbai held that as per section 92CA(3) TPO order should be passed before 60 days prior to the date prescribed u/s 153 of the Act. Accordingly, in present case, TPO order passed on 30/01/2015 instead of 29/01/2015 is non-est and liable to be quashed as being barred by limitation....

Section 153 Prevails over 144C assessment Time Limit even after a remand by ITAT

Shelf Drilling Ron Tappmeyer Limited Vs ACIT (Bombay High Court)

This article analyzes how Section 153's time limit prevails over Section 144C's assessment time limit, based on the case of Shelf Drilling Ron Tappmeyer Limited Vs ACIT in Bombay High Court....

Rendering cloud computing services not liable to tax in India as royalty or FTS/FIS

Amazon Web Services Vs ACIT (ITAT Delhi)

ITAT Delhi held that rendering cloud computing services/ Amazon Web Services (AWS Services) cannot be held to be liable to tax in India either as royalty or as Fees for Technical Services (FTS)/ Fees for Included Services (FIS)....

Advisory Services Receipts Not Taxed as Technical Knowledge under India-UK DTAA: ITAT

N.M. Rothchild & Sons Ltd. Vs DCIT (ITAT Delhi)

In present facts of the case, it was held that the services rendered were in the nature of advisory services as per the terms of the agreement, therefore these services cannot be the part of Fees for Technical Services (FTS) under Article 13 of India – UK DTAA....

Corporate Guarantee facility provided to overseas AE is international transaction

DCIT Vs JSW Steel Ltd. (ITAT Mumbai)

ITAT Mumbai held that Corporate Guarantee facility provided to overseas AE by the assessee is an international transaction and hence addition towards Arm’s Length Guarantee Fee confirmed....

Only international and not entity level transactions covered in transfer pricing adjustment

Huntsman International (India) Pvt Ltd Vs DCIT (ITAT Ahmedabad)

ITAT Ahmedabad held that transfer pricing adjustment should be restricted only in respect of turnover of assessee-company relating to international transactions. In nut-shell, transfer pricing addition should be restricted only qua international transaction and not entity level transactions....

Receipt of architectural design services cannot taxed as FTS or Royalty

DCIT Vs Aedas Pte. Ltd. (ITAT Delhi)

ITAT Delhi held that the payments received by the assessee in view of architectural design services rendered to its clients in India are not chargeable to tax as FTS in terms of Article 12(4) of the India-Singapore DTAA....

Order passed in name of non-existing amalgamated company quashed

Abbott India Ltd. Vs ACIT (ITAT Mumbai)

ITAT Mumbai held that where assessee company was amalgamated with another company and thereby lost its existence, assessment order passed subsequently in name of said non-existing entity, would be without jurisdiction and liable to be set aside....

Assessment Order Null if AO fails to Follow Section 144C Procedure During draft assessment order Stage

Brightstar Infrastructure Private Limited Vs Additional/Joint/Deputy/ Assistant Commissioner of Income Tax/Income Tax Officer (ITAT Mumbai)

In the case of Brightstar Infrastructure Pvt. Ltd. vs. ACIT, the ITAT Mumbai allowed the appeal, declaring the final assessment order void due to failure to comply with mandatory procedure u/s 144C of the Income Tax Act....

ITAT Delhi: Project-Specific Services Not Subject to FIS under India-USA DTAA

Michael Graves Design Group Inc Vs DCIT (ITAT Delhi)

ITAT Delhi held that passing of project-specific architectural drawings and designs with measurements did not amount to making available technical knowledge, know-how, or processes. Since ‘make available’ clause is not satisfied, services rendered to the AOP does not fall within the purview of FIS under Article 12(4)(b) of the India-U...

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