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Section 144C

Latest Judiciary


Cricket Australia vs. ACIT: Live Transmission Fee Not Taxable as Royalty

Income Tax : Read the full text of the ITAT Delhi order on Cricket Australia vs. ACIT (International Taxation). Analysis includes why license f...

July 9, 2024 120 Views 0 comment Print

DRP’s Rejection of Belated Objections Doesn’t Extend Assessment Limitation: ITAT Delhi

Income Tax : Delhi ITAT rules in Ares Diversified Vs ACIT that rejection of belated objections by DRP does not extend the limitation for passin...

July 4, 2024 201 Views 0 comment Print

Bombay HC Upholds Conditional Stay for Vodafone, Modifies Guarantee

Income Tax : Read about Bombay High Courts decision upholding ITAT's order directing Vodafone India to deposit Rs.230 crores to stay income tax...

June 26, 2024 303 Views 0 comment Print

Delhi ITAT Rules No Tax on Technical Services to AE Without PE in India

Income Tax : Read the full text of the Delhi ITAT order on Denso (Thailand) vs ACIT, discussing tax liability for technical services under Indi...

June 20, 2024 447 Views 0 comment Print

Provision for outstanding expenses for ascertained liability allowable

Income Tax : ITAT emphasized that under the accrual system, provisions for outstanding expenses can indeed be recognized based on estimates and...

June 15, 2024 531 Views 0 comment Print


Denial of 80IA Benefit in 4th Year Unjustified: Delhi HC

January 10, 2024 507 Views 0 comment Print

Delhi High Court ruling on Income Tax: Department’s U-turn on 80IA deduction in the 4th year deemed unjustified. Case analysis of PCIT vs. BT Global Communications India Pvt. Ltd.

Receipt in terms of Strategic Oversight Services Agreement cannot be termed as royalty

January 6, 2024 492 Views 0 comment Print

Delhi High Court held that the consideration received in terms of Strategic Oversight Services Agreements (SOSA) cannot be termed as Royalty under Article 12 of the DTAA even if extensive services are rendered which includes access to written knowledge, processes, and commercial information in furtherance of the services.

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

November 26, 2023 2913 Views 0 comment Print

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

November 20, 2023 723 Views 0 comment Print

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

November 14, 2023 561 Views 0 comment Print

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

November 4, 2023 762 Views 0 comment Print

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. The key contention is whether the […]

Issuing Final Assessment Order Without Section 144C Compliance Unlawful

November 2, 2023 1707 Views 0 comment Print

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

October 26, 2023 369 Views 0 comment Print

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

October 19, 2023 525 Views 0 comment Print

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

October 19, 2023 642 Views 0 comment Print

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

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