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Judiciary

Interconnect Usage Charges Not Taxable as Royalty: ITAT Bangalore

March 19, 2024 249 Views 0 comment Print

HCG Global Communications Ltd. vs. DCIT (ITAT Bangalore) case ruling: Telecom interconnect usage payments received by a foreign company from an Indian operator deemed non-taxable as ‘royalty’ under the Income Tax Act.

ITAT Dismisses MA for Unraised Arguments, Highlights Limited Section 254(2) Scope

March 19, 2024 312 Views 0 comment Print

In the case of Aurobindo Pharma Limited Vs ACIT before the ITAT Hyderabad, a Miscellaneous Application (MA) was dismissed as it raised arguments not presented during the main appeal and emphasized the restricted scope of Section 254(2).

Surplus doesn’t Bar Trust from seeking Section 10(23C)(vi) Exemption: Rajasthan HC

March 19, 2024 516 Views 0 comment Print

Rajasthan High Court rules in Chandigarh Manav Vikas vs Chief Commissioner of Income Tax case: Trust generating surplus still eligible for Section 10(23C) (vi) exemption. Details here.

Assessment Order Deemed Time-Barred: Lack of Evidence for Timely Issuance, Rules Tribunal

March 19, 2024 402 Views 0 comment Print

In the case of Dhanterash Sales Pvt. Ltd. Vs ITO, ITAT Kolkata ruled that the assessment order was deemed time-barred due to lack of evidence for timely issuance, dismissing the additions made by the Assessing Officer.

In Transfer pricing associated enterprises can be selected as a tested party: Calcutta HC

March 19, 2024 219 Views 0 comment Print

Calcutta High Court dismisses PCIT’s appeal, reaffirming that the least complex party should be the tested entity in transfer pricing transactions, citing relevant precedents.

Mere Retracted Statement without nexus Insufficient for Section 69A Addition

March 19, 2024 423 Views 0 comment Print

Mumbai ITAT rules that a retracted statement without nexus to the taxpayer cannot justify addition under Sec 69A, offering relief to the appellant in Mayur Kanjibhai Shah Vs ITO.

Higher interest paid on unsecured loan to related party justified as loan received without any security: ITAT Mumbai

March 19, 2024 765 Views 0 comment Print

ITAT Mumbai held that rate of interest @18% paid to related party towards unsecured loan is reasonable as rate of interest charged by bank @12% is with security, whereas, rate of interest charged on unsecured loan is without any security.

ITAT allows Product Development Expenses & Liquidated Damages

March 19, 2024 294 Views 0 comment Print

Explore the detailed analysis of the ITAT Delhi order in the case of Himenviro Environmental Engineering Co. Pvt. Ltd. vs ACIT, focusing on product development expenses, liquidated damages, and more.

Form No. 68 Upload Error: ITAT directs AO to reconsider Section 270A immunity

March 19, 2024 1263 Views 0 comment Print

Mumbai ITAT directs AO to reconsider immunity from penalty u/s 270AA for Prathamesh Vivek Khot vs ITO. Error in Form 68 caused delay. Detailed analysis & implications.

Toll Collection Right Deemed Intangible Asset: Depreciation allowed

March 19, 2024 204 Views 0 comment Print

Mumbai ITAT allows depreciation on ‘right to collect toll tax’ on infrastructure facilities for Roadstar Investment vs ACIT. Detailed analysis and implications provided.

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