Withholding tax judiciary-2

TDS on Commission to foreign agents having No PE in India for services rendered outside India

Vimta Labs Limited Vs DCIT (ITAT Hyderabad)

ITAT held that the business receipts of the foreign residents are not taxable in India since the agents have no PE in India and therefore, the assessee was not required to make TDS u/s 195 of the Act. Therefore, the assessee’s appeals for all the three A.Ys are allowed....

Read More

TDS u/s 195 cannot be deducted in case no title in goods passed from foreign suppliers to assessee outside India

Organising Committee for Winter Games, 2009 Vs DCIT (ITAT Delhi)

Since the title in goods passed from foreign suppliers to assessee outside India at the port of shipment and AO failed to show as to how income of foreign parties was chargeable to tax in India, therefore,  no income had accrued to foreign parties in India in terms of section 5 and section 9, therefore, section 195 did not apply to payme...

Read More

Software purchased across the counter as shrink proof software is not akin to royalty

Opus Software Solutions Pvt. Ltd. Vs ACIT (ITAT Pune)

It was held that where the software is purchased across the counter as shrink proof software, then it is not akin to royalty both under the Income Tax Act or the DTAA. The Tribunal held that since the definition of ‘royalty’ has not been amended under DTAA,...

Read More
Posted Under: Income Tax |

Section 40(a)(i) not applicable if No tax is deductible U/s. 195(1)

Barclays Bank Plc, Mumbai Vs Addl. DIT (ITAT Mumbai)

If no tax is deductible under section 195(1), section 40(a)(i) of the IT Act will not come in the way of the appellant claiming such deduction from its income: Barclays Bank Plc case...

Read More

Applicability of DTAA cannot be determined suo-moto by AO

M/s. Google India Private Ltd. Vs. Addl. CIT (ITAT Bangalore)

M/s. Google India Private Ltd. Vs. Addl. CIT (ITAT Bangalore); TDS on royalty payments under section 195(2): Applicability of DTAA cannot be determined suo-moto by AO without there being any application...

Read More

Section 206AA not overrides other provisions of Income Tax Act, 1961

Nagarjuna Fertilizers and Chemicals Limited Vs ACIT (ITAT Hyderabad)

Assessee cannot be held liable to deduct tax at higher of the rates prescribed in section 206AA in case of payments made to non-resident persons having taxable income in India in spite of their failure to furnish the Permanent Account Numbers....

Read More

Purchase cannot be treated Bogus based merely on the basis of statements given before Sales tax department

ITO Vs Deepak Popatlal Gala (ITAT Mumbai)

AO was not justified in making the addition on the basis of statements given by the third parties before the Sales Tax Department, without conducting any other investigation. In the instant case also, the assessing officer has made the impugned addition on the basis of statements given by the parties before the Sales tax department....

Read More

Taxability of sale of software and support services under India US DTAA

M/s Halliburton Export Inc. Vs Asstt. D.I.T. (ITAT Delhi)

Assessee, a US company, entered into agreements with various customers in India for rendering software services - Assessing Officer held that payments received by assessee from sale of software and provision of maintenance and other support services to customers in India...

Read More

TDS on interest paid by assessee Indian branch of a Belgian bank to its head Office

Antwerp Diamond Bank NV Vs ADIT (ITAT Mumbai)

Next ground of appeal is about disallowance of interest paid by the assessee to HO amounting to Rs.8.57Crores.During the assessment proceedings, AO found that interest of Rs.8,56,15, 525/- was paid by the assessee to HO on subordinate debts and term borrowing....

Read More

Withholding tax need not to be deducted on payments made for services like transcription and data processing –AAR

R.R. Donnelley India Outsource Private Limited (AAR Delhi)

Indian firms outsourcing routine work to their overseas subsidiaries would not have to deduct withholding tax on the payments made to them. In a landmark ruling, the Authority of Advance Ruling (AAR) ( A.A.R. No.883 of 2010 dated 16.05.2010 - Applicant R.R. Donnelley India Outsource Private Limited) held that firms are exempted from dedu...

Read More

Browse All Categories

CA, CS, CMA (4,353)
Company Law (5,142)
Custom Duty (7,476)
DGFT (4,040)
Excise Duty (4,274)
Fema / RBI (3,887)
Finance (4,046)
Income Tax (31,137)
SEBI (3,232)
Service Tax (3,477)

Search Posts by Date

November 2019
M T W T F S S
« Oct    
 123
45678910
11121314151617
18192021222324
252627282930