Section 144C - Page 9

Business profit not taxable in India in absence of any permanent establishment


ITAT Delhi held that payment received in the nature of Business Profit cannot be brought to tax in India in absence of Permanent Establishment in India....

Writ not entertained as effective alternative remedy u/s 144C available

HSBC Holding PLC Vs DCIT (Telangana High Court)

Telangana High Court held that writ jurisdiction under Article 226 of the Constitution of India not invocable as adequate and effective alternative remedy under Section 144C of the Act by way of filing objections before the Dispute Resolution panel available to the petitioner....

Final Assessment Order passed beyond limitation Period is Null & Void

Fiberhome India Pvt. Ltd. Vs DCIT (ITAT Delhi)

Final order passed by AO is beyond limitation period provided u/s 144C of Income Tax Act, hence, same is liable to be declared as null & void...

Director’s nationality will not suffice as company incorporated, managed and controlled in UAE

Qawareb Ship Management – LLC Dubai Vs ITO (ITAT Rajkot)

ITAT Rajkot held that Partner’s/Director’s nationality will not suffice the company’s residency as the company is incorporated in UAE and is managed and controlled only in UAE. Thus, it is a tax resident of UAE and, therefore, treaty between India and UAE (DTAA) is applicable...

No further profit attribution to dependent agent PE in India as transaction with Indian AE is at arm’s length

Adobe Systems Software Ireland Ltd. Vs ACIT (ITAT Delhi)

ITAT Delhi held that when the transaction between the assessee and its Indian AE is found to be at arm’s length, no further attribution of profit can be made to the dependent agent PE in India....

Royalty payment and R&D on royalty both allowable as revenue expenditure

Maruti Suzuki India Ltd. Vs DCIT (ITAT Delhi)

ITAT Delhi held that royalty payment and R&D cess on royalty is interlinked. As royalty payment is allowed as revenue expenditure, R&D cess is also allowable as revenue expenditure....

Income earned from offshore supply not taxable in India as none of operation is carried out in India

Schindler China Elevator Company Ltd Vs ACIT (ITAT Mumbai)

ITAT Mumbai held that income earned from offshore supply of escalators and elevators is not taxable in India as assesse didn’t carried out any operations in India....

Order passed in variation of procedures prescribed u/s 144B is non-est and bad-in-law

Carrier Technologies India Limited Vs DCIT (ITAT Mumbai)

ITAT Mumbai held that the assessment order passed in variation of the procedures prescribed u/s. 144B of the Income Tax Act would render the assessment order as non est....

Arbitration settlement amount received in relation to project office in India is taxable

TGE Gas Engineering GmbH Vs DCIT (ITAT Delhi)

ITAT Delhi held that the amount of received in the arbitration settlement is related to project office of the assessee company in India. Accordingly, the same is taxable in India....

Issuance of draft assessment order along with demand notice is bad in law

Marriott International Licensing Company BVV Vs DCIT (ITAT Mumbai)

ITAT Mumbai held that issuance of draft assessment order along with the demand notice is in violation of provisions of section 144C of the Income Tax Act and hence bad in law....

Browse All Categories

CA, CS, CMA (6,760)
Company Law (9,796)
Corporate Law (13,011)
Custom Duty (10,574)
DGFT (5,112)
Excise Duty (5,580)
Fema / RBI (5,652)
Finance (6,355)
Income Tax (48,788)
SEBI (5,245)
Service Tax (4,845)