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Judiciary

Broadcasting Reproduction Right not covered under definition of Royalty under Article 12 of India-USA DTAA

September 30, 2023 468 Views 0 comment Print

ITAT Mumbai held that Broadcasting Reproduction Right is not covered under the definition of Royalty under the Income Tax Act as well as Article 12 of the India-USA DTAA.

Other method in rule 10AB is most appropriate method in case of royalty transactions

September 30, 2023 1215 Views 0 comment Print

ITAT Mumbai held that “other method” provided in Rule 10AB r.w.s. 92C (1) would be a good substitute for CUP as there is lack of reliable comparables in case of royalty transactions as royalty payments have been made for unique intangibles

Dividend received by company having PE in Oman is not taxable in India

September 30, 2023 732 Views 0 comment Print

Supreme Court held that dividend received by the Indian company having permanent establishment in Oman is not taxable in India in terms of Article 25 read with Article 8 (bis) of the Omani Tax Laws

Proviso to section 25(1) of Kerala VAT cannot extend limitation period fixed under main provision

September 30, 2023 1395 Views 0 comment Print

Supreme Court held that a proviso cannot militate against the intention of the main provision in sub-section (1) of Section 25 of Kerala Value Added Tax Act and thus a proviso cannot extend the limitation period which is fixed under the main provision.

Section 271(1)(c) penalty cannot be imposed merely for incorrect income head treatment

September 30, 2023 19794 Views 0 comment Print

In a significant decision, ITAT Mumbai rules in favor of D.C. Polyester Ltd., stating that penalties under Section 271(1)(c) of the Income Tax Act cannot be imposed for incorrect income head treatment.

No Section 14A Disallowance if Assessee has Surplus Interest-Free Funds Exceeding Exempt Income Investments

September 30, 2023 945 Views 0 comment Print

Aditya Birla Nuvo Limited receives relief as ITAT Mumbai rules that investments yielding exempt income must be considered for disallowance under Rule 8D(2).

Income Surrendered During Survey Not Taxable at 60% under Section 115BBE

September 30, 2023 2298 Views 0 comment Print

ITAT Delhi quashes revision order, ruling that additional income surrendered during survey proceedings should not be taxed at 60% under Section 115BBE of the Income Tax Act.

No Section 44ADA Addition for Consultancy Income by 10th-Passed Assessee

September 30, 2023 13347 Views 0 comment Print

ITAT Mumbai rules that income earned from a consultancy business, even with TDS deductions, should not be taxed under Section 44ADA of the Income Tax Act.

No Section 14A Disallowance of Expenditure for Stock-in-Trade Securities

September 30, 2023 582 Views 0 comment Print

ITAT Mumbai grants relief to Central Bank of India, disallowing expenditure under Section 14A for securities held as stock-in-trade, citing the Maxopp Investment Ltd case.

CESTAT Rules Denial of Interest on Cenvat Credit Refund After 3 Months Not Legal

September 30, 2023 333 Views 0 comment Print

Analysis of CESTAT Delhi’s decision in Shakti Pumps (India) Ltd. vs. Commissioner of Central Goods & Service regarding the denial of interest on a refund of Cenvat Credit.

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