Income tax - Sections 9(1)(vi) - No Royalty on Live Telecast Rights for Cricket Matches: Delhi High Court Rules in Favor of Sri Lanka Cricket - Based on the facts and the legal framework analyzed above, it is clear that payments made exclusively for the live telecast of cricket matches, where no enduring…
Income Tax - Sections 143(3), 144C(13) - ITAT Delhi Holds Reimbursement of Intranet Charges to German Supplier Taxable as FTS—PE Irrelevant Under India-Germany DTAA - In light of consistent judicial findings and clear legal provisions, the ITAT has reaffirmed that receipts from technical and supervisory…
Income Tax – Sections 144C(13), 147 - Delhi ITAT Rules No Permanent Establishment for Foreign Online Booking Company Earning Commission from Indian Hotels: 'Disposal Test' Not Met - On the facts and in law, the Delhi ITAT concluded that the earning of commission by a foreign online accommodation platform…
Income tax – Sections 9(1)(vi) - ITAT Mumbai Rules Non-Exclusive Broadcasting Rights for Cinematographic Films Not Taxable as Royalty under Income Tax Act or India-Mauritius DTAA - The ITAT Mumbai decisively held that payments received by a non-resident for granting non-exclusive broadcasting rights…
Income Tax - Sections 143(3), 144C(13), 144(B) - ITAT Bangalore Directs Reconsideration of Warranty Provisions: Disallowance of Rs. 4.51 Crore Set Aside in Heavy Vehicle Dealer’s Case - The ITAT has underscored the need for correct computation of warranty provision deductions, clarifying that such provisions,…
Income Tax - Sections 90, 90A, 139(1), 128(9) - ITAT Mumbai Rules Denial of Foreign Tax Credit on Technical Grounds Unjust, Orders Fresh Hearing - The ITAT Mumbai decision underscores that the denial of Foreign Tax Credit solely due to the delayed filing of Form 67 is not legally tenable. The procedural…
Income Tax - Section 90 - ITAT Bangalore Rules Clerical Error in Form 67 Not a Bar to Foreign Tax Credit for Salary Earned Abroad - The ITAT Bangalore’s decision establishes that a mere clerical and unintentional error in Form 67 does not justify denial of otherwise valid Foreign Tax Credit. The Tribunal…
ITAT Mumbai Reaffirms Tax Exemption Under Article 8 of India-USA DTAA for Profits from Code-Sharing Arrangements in International Air Traffic - Based on the ITAT’s ruling, it is clear that profits derived from the transportation of passengers by an airline under code-sharing arrangements—where the airline…
Appellate Tribunal Confirms FEMA Violation in Use of Overseas Subsidiaries for Round-Tripping; Special Director’s Independent Analysis Upheld - Based on a comprehensive review of the facts, statutory provisions, and regulatory framework, the Tribunal dismissed the appeals and affirmed the penalty imposed…
Tribunal Affirms Continuing Liability of Struck-off Companies and Legal Representatives under FEMA; Reduces Penalties on Grounds of Proportionality - In partial allowance of the appeals, the Tribunal unequivocally affirmed that liabilities of companies struck off under the Companies Act, 2013, remain…
Tribunal Affirms Abetment in Foreign Exchange Violations: Directors’ Role Proven Despite Retractions, Penalty Reduced to Rs. 10 Lakhs - On the basis of detailed testimonial, documentary, and circumstantial evidence, the Tribunal concluded that the appellant had indeed abetted the contravention of Sections…
Income Tax - Section 92CA(3) - Delhi High Court Strikes Down TPO Order for Withholding Agreements—Violation of Natural Justice in Transfer Pricing Assessment - The Delhi High Court’s decision clarifies that any quasi-judicial authority, including the TPO, is under a legal obligation to supply copies…
Income Tax - Section 197 - Delhi High Court Clarifies Deductibility of Full Expenses Against Attributed PE Revenue for UK-based CRS Provider; Directs Proportionate TDS Adjustment Amidst Pending Non-India POS Dispute - The Delhi High Court has reaffirmed that, for non-residents with a PE in India, the…
Income tax – Sections 144C - Gujarat High Court Upholds Assessee’s Statutory Right: DRP Must Adjudicate Objections Despite Procedural Filing Error - The Gujarat High Court’s decision establishes that an assessee’s statutory right to have objections adjudicated by the DRP under Section 144C cannot be…
Income tax – Sections 144C - Punjab & Haryana High Court Voids Final Assessment Passed Before DRP Decision: Upholds Assessee’s Right under Section 144C - In light of the above, the High Court’s decision mandates that, for eligible assessees who have filed objections under Section 144C(2)(b), the Assessing…
Income tax –– Sections 197 - Delhi High Court Mandates Strict Adherence to Law and Treaty in Section 197 Withholding Applications; Revenue’s SLP Intent Not Sufficient to Deny Relief - The Delhi High Court’s decision makes it clear that revenue authorities must base Section 197 determinations strictly…
Income tax – Sections 44BB, 197 - Delhi High Court Sets Aside Higher TDS Order for Offshore Seismic Services; Faults Revenue for Ignoring Prior Judgment on Section 44BB vs. 44DA - The Delhi High Court has reaffirmed that, in the absence of a reasoned basis or material change in facts, the Revenue cannot…
Income Tax - Sections 14A, 92B - ITAT Kolkata Mandates Cost-Based Valuation for Section 14A Disallowance, Rejects 1% Norm for Corporate Guarantee Fee - The Tribunal’s decision reaffirms that, for the purpose of computing income under the Income Tax Act, the principles laid down in ICDS-I take precedence…
Income-tax - Sections 143(3), 144C(13), 144B - ITAT Hyderabad Quashes Assessment Order Passed Beyond Statutory Limitation in Transfer Pricing Matter - In this case, the Hyderabad ITAT has categorically held that a final assessment order passed after the expiration of the time limit prescribed under …
Appellate Tribunal Upholds FEMA Violations on Unauthorized Remittances and Foreign Currency Confiscation: Penalties Reduced but Contraventions Confirmed - The Tribunal has conclusively determined that both Section 3(d) and Section 7(1)(a) of FEMA were contravened by the Appellants based on a robust …