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No income could be attributed to alleged Dependent Agent PE of Adobe-Ireland in India, when the transaction between Indian AE and foreign party is found to be at arm’s length price.
Adobe Systems Software Ireland Ltd Vs M/s Adobe Systems Software Ireland Ltd.
(2022) TaxCorp(LJ) 29777 (ITAT-DELHI)
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Article 7(3) of India-Spain DTAA is not applicable in this case since nothing was paid by the Assessee to the head office on account of loss and no deduction claimed.
Cobra Instalaciones Y Services S.A Vs DCIT
(2022) TaxCorp(LJ) 29745 (ITAT-DELHI)
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Revenue is directed to grant the deduction under Section 80GGA read with Section 35A as claimed by the Assessee under Chapter VI-A.
Parijat Trust Vs DCIT
(2022) TaxCorp(LJ) 29744 (ITAT-DELHI) · Section 11
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The Assessee is not in default under Section 201(1) and the default interest under Section 201(1A) shall be computed only on professional or technical services fee paid to EdCIL India Ltd. at 20% or 16% or 5% of the grant in aid and not on the whole of grant.
Department of School Education and Literacy Vs ACIT
(2022) TaxCorp(LJ) 29743 (ITAT-DELHI) · Section 201(1A)
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Payments received from Indian member firms are reimbursements of costs and not taxable under the Income-tax Act as well as the India-UK DTAA.
EY Global Services Limited Vs ACIT
(2022) TaxCorp(LJ) 29706 (ITAT-DELHI)
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Revenue expenses cannot be disallowed on the grounds that the assessee has not shown any revenue income in a particular year.
Darrameks Hotels & Developers Pvt. Ltd Vs Income Tax Officer
(2022) TaxCorp(LJ) 29699 (ITAT-DELHI)
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Observations made are in the context of grant of stay on recovery of outstanding demand and there is no bearing on the decision to be taken in the appeal.
Ebro India Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29677 (ITAT-DELHI) · Section 144B
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Eligible purchases under SFIS could not be on revenue account since credit against Excise duty & Customs duty is only available under SFIS in case of purchase of capital goods.
Container Corporation of India Ltd Vs DCIT
(2022) TaxCorp(LJ) 29652 (ITAT-DELHI)
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In absence of an express provision, the right of the resident country to tax its residents cannot be taken away under the DTAA.
Natasha Chopra Vs DCIT
(2022) TaxCorp(LJ) 29647 (ITAT-DELHI)
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Incidental activity of parking surplus funds with any institution earning interest is an integral part of the export business activity and such incidental income cannot be delinked from profit and gains derived by the undertaking.
Cognizant Technology Solutions India Private Limited Vs Income Tax Ward-16(3)
(2022) TaxCorp(LJ) 29645 (ITAT-DELHI) · Section 10AA
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If the assessee could not furnish the evidences during the assessment proceedings then it does not preclude the assessee to furnish those evidences to substantiate its claim during the course of penalty.
Giesecke & Dverient India Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29615 (ITAT-DELHI) · Section 271(1)(c)
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The reason recorded by non jurisdictional Assessing Officer cannot give jurisdiction to the present Assessing Officer.
G.K. Business Centre (P) Ltd. Vs ITO
(2022) TaxCorp(LJ) 29603 (ITAT-DELHI)
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Expenditure incurred in ordinary course of business on upgradation, improvement, removal of glitches of existing or already developed software to improve its product is to be treated as revenue expenditure.
Claridge Hotels Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29594 (ITAT-DELHI)
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Payment made for discharge of punishment for violation of prohibited acts and/or restriction(s) imposed under the provisions of law, cannot be considered as compensatory in nature and sustains the addition.
Akshay Khetterpal Vs ACIT
(2022) TaxCorp(LJ) 29593 (ITAT-DELHI) · Section 37(1)
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Assessment proceedings are vitiated owing to non-service of notice u/s 143(2) within the period of limitation by the AO having jurisdiction over the case of the assessee.
Reeta Singhal Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29589 (ITAT-DELHI) · Section 143(2)
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While the matter is stood over to 28.07.2021, revenue is directed to pay, not only the cost imposed by the Registrar, vide order dated 17.10.2019, but also pay an additional cost of Rs.15,000/- to the petitioner.
Discovery Communications India Vs ADDL. COMMISSIONER OFINCOME TAX
(2022) TaxCorp(LJ) 29587 (ITAT-DELHI)
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If assessee has b/fd loss not set off against profits, eligible profits u/s 80IA would be determined after setting off the business loss/ unabsorbed depreciation in the year the deduction is claimed.
Petronet LNG Ltd Vs DCIT
(2022) TaxCorp(LJ) 29586 (ITAT-DELHI) · Section 80IA
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Once the Rule 8D has been made applicable, the disallowance is automatic and there is no option left with the Assessing Officer except to estimate the disallowance as per rules.
NESTLE R & D, Centre India Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29585 (ITAT-DELHI) · Section 14A
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Revenue had decided the issue of beneficial ownership of interest only on the basis of information of assets and liabilities provided in the return of income which was mistakenly reported by assessee as Nil.
Betoking Ltd Vs ACIT
(2022) TaxCorp(LJ) 29583 (ITAT-DELHI)
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Notice issued by the revenue is bad in law if it did not specify under which limb of section 271(1)(c).
FCI Asia Pte Ltd Vs DCIT
(2022) TaxCorp(LJ) 29574 (ITAT-DELHI) · Section 271(1)(c)
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