-
The income of the foreign branch from the credit given to its card holders outside India cannot be taxed in the hands of the Indian branch since it has not arisen in India and also it cannot be attributed to the assets and activities of the Indian branch, as is required by Article 7 of the DTAA.
Standard Chartered Grindlays Vs Asstt. Director of Income Tax (International Taxation)
(2020) TaxCorp(LJ) 24539 (ITAT-DELHI) · Sections 37(1), 44C
-
The expression land or building in its coverage is quite distinct from the expression any right in land or building. The legislature, in its wisdom, has used the expression land or building or both in Section 50C(1) of the Act, and not the expression any right in land or building.
Noida Cyber Park Pvt. Ltd. Vs Income Tax Officer
(2020) TaxCorp(LJ) 24527 (ITAT-DELHI)
-
After introduction of the electronic filing of the return of income as well as all other documents, there is no debate available that even if the audit report is filed before the assessment is made, same is acceptable and the deduction cannot be denied to the assessee.
Pradeep Kumar Batra Vs DCIT
(2020) TaxCorp(LJ) 24526 (ITAT-DELHI) · Section 80- IB(11A)
-
The entire findings of the DRP are based on erroneous appreciation of wrong facts and on such erroneous appreciation of wrong facts, the DRP held that BTIN is the PE of the appellant in India without appreciating the true facts that the appellant has no place of disposal in India in the office of BTIN from where the appellant could have conducted its business in India.
Bombardier Transportation Sweden AB Vs The D.C.I.T
(2020) TaxCorp(LJ) 24525 (ITAT-DELHI)
-
Despite the fact that the assessee has given the complete details of agreement vide which tangible and intangible assets of running business of KPIT Cummins were purchased as per valuation report, AO has disallowed the depreciation ignoring the settled principle of law.
DCIT Vs M/s. Infrasoft Technologies Ltd.
(2020) TaxCorp(LJ) 24524 (ITAT-DELHI)
-
Non-resident assessee not liable to pay advance tax and subsequently the interest u/s 234B as duty is cast upon the payer to deduct and pay tax at source.
ESPN Star Sports Mauritius Vs ACIT
(2020) TaxCorp(LJ) 24515 (ITAT-DELHI)
-
MIPL did not fulfil any of the three conditions set forth in Article 5(7) of India- Japan.
ACIT Vs M/s. Mitsui & Co. Ltd.
(2020) TaxCorp(LJ) 24480 (ITAT-DELHI)
-
Revenue can alter book-profit only as per Explanation 1 to Sec. 115JB(2) and cannot recast the audited accounts that are adopted under the Companies Act.
Hindustan Coca Cola Beverages Private Limited Vs DCIT
(2020) TaxCorp(LJ) 24476 (ITAT-DELHI) · Section 115JB
-
Income taxed under DTAA cannot be included in the calculation of adjusted total income under Exp. (i) to Sec. 44C as the computation provisions u/s. 28 to 43CA do not apply there.
MUFG Bank Ltd. Vs ACIT (International Taxation)
(2020) TaxCorp(LJ) 24466 (ITAT-DELHI) · Section 44C
-
Share transfer did not amount to indirect transfer u/s 9(1)(i) in the light of Explanations 6 & 7 inserted vide Finance Act, 2015.
Augustus Capital PTE Ltd Vs The Dy.C.I.T
(2020) TaxCorp(LJ) 24454 (ITAT-DELHI)
-
Even if we go by economical considerations, the burden of DDT falls on the shareholders rather than on the company, as the amount of distributed profits available for shareholders stands reduced to the extent of DDT levied.
Giesecke & Devrient [India] Pvt Ltd Vs The Addl. C.I.T
(2020) TaxCorp(LJ) 24418 (ITAT-DELHI)
-
Mere receipt of service using equipment under the control, possession and operation of service provider would only be transaction of a service and not to use or right to use an equipment, and would not attract Royalty under the Act or the Tax Treaty.
Telstra Singapore Pte.Ltd. Vs The DCIT (International Taxation)
(2020) TaxCorp(LJ) 24392 (ITAT-DELHI)
-
It cannot be held that revenue derived by the assessee for distribution of products is taxable as royalty albeit it is a business income of the assessee.
Turner Broadcasting System Asia Pacific Inc. Vs DDIT
(2020) TaxCorp(LJ) 24381 (ITAT-DELHI)
-
There is no provision under the Income-tax Act for an assessee to have any such registered office and the company can opt any address under the Income-tax Act for communication by the revenue with the assessee as is specifically mentioned in the Rule 127.
Jindal Fittings Ltd. Vs DCIT
(2020) TaxCorp(LJ) 24364 (ITAT-DELHI) · Section 68
-
Once genuineness of the borrowing is proved, it is not within the powers of the AO to disallow the deduction on the ground that the rate of interest is unreasonably high or that the assessee had himself charged a lower rate of interest on the money which it has advanced.
DLF Limited Vs JCIT, DCIT
(2020) TaxCorp(LJ) 24343 (ITAT-DELHI)
-
The assessee was not able to prove by any evidence to justify retraction from the earlier admission on disclosing the sale transaction in the original return of income disclosing capital gains. However, the assessee by claiming now it to be Family Settlement tried to defraud the Revenue to reduce the taxable returned income.
Smt. Soni Sonu Vs The ACIT
(2020) TaxCorp(LJ) 24342 (ITAT-DELHI)
-
It is not in dispute that the eligibility to the balance additional depreciation in the succeeding year introduced vide Finance Act 2015 is available to the assesse. However the amendment is not applicable to the year under consideration as it is effective from 01.04.2016.
Vedanta Ltd Vs The ACIT
(2020) TaxCorp(LJ) 24306 (ITAT-DELHI) · Section 32(1)(iia)
-
The assessee was entitled to claim the business expenses in respect of the income from the services provided and hiring of equipment, and statutory deductions u/s 24 (a) of the Act insofar as the income from the house property was concerned. Therefore, AO is directed to allow the statutory deduction u/s 24 (a) of the Act and the interest incurred in respect of the house property.
Chander Nagar Chemicals And Mineral Private Limited Vs ITO
(2020) TaxCorp(LJ) 24250 (ITAT-DELHI)
-
On reading of the order of the lower authorities we do not find mention of any of the provisions of the income tax act which provides that short payment of dividend distribution tax may be added to the income of the assessee and assessee can further be saddled with payment of tax on such short payment of dividend distribution tax.
DLF Limited Vs Addl. CIT
(2020) TaxCorp(LJ) 24234 (ITAT-DELHI)
-
The donation to Brahma Kumaris merits to be disallowed in the hands of the assessee, as it is case of charity. The same may be looked into as per the provision of section 80G of the Act.
Honda Motorcycle and Scooter India Pvt.Ltd. Vs The DCIT
(2020) TaxCorp(LJ) 23170 (ITAT-DELHI) · Section 37
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.