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ITAT - Payments made by Broadcaster for purchase of Programme from Production-houses is not FTS. Thus, TDS u/s 194C is applicable and not sec. 194J.
DCIT vs. Zee Entertainment Enterprises Ltd.
(2015) TaxCorp(LJ) 5551 (ITAT-MUMBAI) · Section 194C
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ITAT - Assessee was only a job worker who was entitled for processing charges based on its cost incurred, In such a situation, comparables chosen by the assessee of the full fledged independent manufacturers could not be considered for the purpose of comparability analysis
Hope India Polishing Works (P.) Ltd. v. Deputy Commissioner of Income-tax 8(2), Mumbai
(2015) TaxCorp(LJ) 5542 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7757&Category=INTLDecisions&CategoryType=Zip
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ITAT - No tax evasion where the transactions of sale and purchase of shares were not made with the ulterior motive of creating an artificial loss, therefore Long-term capital loss on the sale of shares of a group company is allowed.
ITO. v. J.M. Morgan Stanley Private Limited
(2015) TaxCorp(LJ) 5536 (ITAT-MUMBAI)
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ITAT - Amount received on cessation/transfer of distribution business in respect of “Goodwill” is chargeable under the head capital gains tax and not under business head
Elite Orgo Chem Pvt. Ltd vs. ACIT
(2015) TaxCorp(LJ) 5534 (ITAT-MUMBAI)
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ITAT - Performance-bonus payment to director-shareholders @ of 172% of Salary is not “evasion”. Same is allowable u/s 36(1)(ii) on the ground of business expediency
New Silk Route Advisors Private ltd vs DCIT
(2015) TaxCorp(LJ) 5533 (ITAT-MUMBAI)
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ITAT - Term loan was taken against mortgage of immovable properties which were used for the purpose of pre-schooling business and thus, assessee was eligible for deduction of interest under section 36(1)(iii)
Assistant Commissioner of Income-tax-20 (1), Mumbai v. Ms. Geeta Bhatia
(2015) TaxCorp(LJ) 5519 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39770&Category=ITAT&CategoryType=Zip
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ITAT - Similar commission held at ALP in earlier year as per agreement had to be accepted in later years also at ALP unless it was shown by department that facts in year under consideration had undergone a change
Assistant Commissioner of Income-tax, 10 (3), Mumbai v. C.G. International (P.) Ltd.
(2015) TaxCorp(LJ) 5515 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=38828&Category=ITAT&CategoryType=Zip
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ITAT - No transfer pricing adjustment could be made with regard to corporate guarantee issued by the assessee to its AEs
M/s. Videocon Industries Ltd. And Others Versus. The Addl. Commissioner of Income Tax And Others
(2015) TaxCorp(LJ) 5435 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7866&Category=INTLDecisions&CategoryType=Zip
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ITAT - In the case of an assessee covered under section 49(1) of the Act, the capital gains liability has to be computed by considering that the assessee held the said asset from the date it was held by the previous owner and the same analogy has also to be applied in determining the indexed cost of acquisition.
Dr. Kumar M. Dhawale, M. LDhawale & Associates Versus ACIT 11(2), Aayakar Bhavan, Mumbai
(2015) TaxCorp(LJ) 5434 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39402&Category=ITAT&CategoryType=Zip
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ITAT - Interest earned on advances paid during pre-commencement period found to be linked to setting up of the plant of the assessee would need to be treated as capital receipt
Costal Gujarat Power Ltd. C/o. Tata Power Co. Ltd. Versus ITO-6(2) (1), Mumbai
(2015) TaxCorp(LJ) 5427 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=38311&Category=ITAT&CategoryType=Zip
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ITAT - Where two international transactions were to be evaluated separately for determination of ALP, Segmental results couldn’t be rejected merely because segmental results were unaudited and break up was done after closing of accounts.
Tata Communications Transformation Services Ltd. v. Deputy Commissioner of Income-tax, Range No. 7(3), Mumbai
(2015) TaxCorp(LJ) 5408 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7681&Category=INTLDecisions&CategoryType=Zip
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ITAT - Interest income from temporary advancement of funds cannot be treated as income from business and it has to be treated as income from other sources.
M/s. Devansh Enterprises P. Ltd. Versus Income Tax Officer 15(1) (13) Mumbai
(2015) TaxCorp(LJ) 5402 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39702&Category=ITAT&CategoryType=Zip
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ITAT - The “derivatives” include foreign currency and call option/ put option, are transactions of derivative markets and cannot be termed as speculative in nature u/s S. 43(5)
IVF Advisors Private Limited vs. ACIT
(2015) TaxCorp(LJ) 5397 (ITAT-MUMBAI) · Section 43(5)
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ITAT - Without there being any incriminating material found at the time of search, no addition over and above the income which already stood assessed can be made as assessments which have attained finality cannot be disturbed or varied.
Jignesh P. Shah vs. DCIT
(2015) TaxCorp(LJ) 5394 (ITAT-MUMBAI) · Section 153A
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ITAT - Since rate of interest charged from AE was more than LIBOR on foreign currency loan paid by assessee, no TP adjustment in respect of interest is required.
V.I.P. Industries Ltd. v. Additional Commissioner of Income-tax, Range 7(3), Mumbai
(2015) TaxCorp(LJ) 5385 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39147&Category=ITAT&CategoryType=Zip
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ITAT - Since subsidiary personnel not rendering services as de-facto employees, assessee had no business connection in India and neither did its subsidiary constitute Service PE or Dependent Agent PE in India
Swiss Re-insurance Company Limited vs. DDIT
(2015) TaxCorp(LJ) 5380 (ITAT-MUMBAI)
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ITAT - Even though the assessed filed the revised return of income after the receipt of notice u/s 143(2), yet the the assessing officer did not seek any type of particulars in that notice hence revised ROI amounts to voluntary disclosure.
Prema Gopal Rao vs. DCIT
(2015) TaxCorp(LJ) 5378 (ITAT-MUMBAI) · Section 271(1)(c)
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ITAT - Since there is no mention of the approval sought from the CIT on the reasons, as recorded by the AO to initiate reassessment proceedings, the entire initiation has been vitiated and become bad in law.
GTL Limited vs. ACIT
(2015) TaxCorp(LJ) 5377 (ITAT-MUMBAI) · Sections 147, 151
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ITAT - The activities are meant for general public utility, i.e. whoever wants to advance his/her qualifications in the banking industry and eligible for deduction u/s 11
The Indian Institute of Banking & Finance Versus DDIT(Exemption) - Range II(1), Mumbai
(2015) TaxCorp(LJ) 5363 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39680&Category=ITAT&CategoryType=Zip
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ITAT - Capacity Sales Agreement not taxable as royalties u/s 9(1)(vi)
M/s. Flag Telecom Group Limited Versus DCIT Cir-2(1) and Asst. DIT (IT) -1(1) Mumbia
(2015) TaxCorp(LJ) 5360 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39646&Category=ITAT&CategoryType=Zip
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