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Reimbursement of project administration cost received by non-resident Assessee from GSSPL for development of campus as per the CPSA is not taxable as FIS under Article 12 of India-USA DTAA, absent fulfilment of make available condition.
Goldman Sachs & Co. LLC Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31538 (ITAT-MUMBAI)
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Subscription fees received by Assessee for providing access to its online database is not taxable as royalty both under Section 9(1)(vi) and under Article 12(3) of the India-Switzerland DTAA.
IQVIA AG (Previously known as IMS AG) Vs Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31534 (ITAT-MUMBAI)
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If two reasonable constructions of a taxing provision are possible that construction which favours the Assessee must be adopted.
Kalyaanee Krrsna Builders Vs TDSCPC Ghaziabad
(2023) TaxCorp(LJ) 31533 (ITAT-MUMBAI) · Sections 234E, 200A
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Even under the provisions of the India-South Africa DTAA, the payment of compensation under the Termination Agreement is not taxable in India.
The Board of Control for Cricket in India Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31519 (ITAT-MUMBAI)
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The deceased Assessee is eligible for TDS credit, as the income from the Deed of Settlement of the Trust was declared and offered to tax by the Assessee as per Section 199(1) which was duly assessed under Section 143(1).
Late Russi Dinshaw Bahadurji Vs Income Tax Officer
(2023) TaxCorp(LJ) 31497 (ITAT-MUMBAI)
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Make available test fails and the services cannot be held to be chargeable to tax as FTS as per India-Singapore DTAA.
Macrotech Developers Limited Vs DCIT-7(3)
(2023) TaxCorp(LJ) 31478 (ITAT-MUMBAI) · Section 43CA
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With effect from Oct 1, 2019, no communication shall be issued by the Income Tax Authority unless a DIN is allotted and is quoted in the body of the letter except under exceptional circumstances as mentioned in Para 3.
Teleperformance Global Services Private Limited Vs Asst.Commissioner of Income Tax
(2023) TaxCorp(LJ) 31455 (ITAT-MUMBAI)
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Amounts received as compensation for hardship, rehabilitation and for shifting are not liable to tax.
Ajay Parasmal Kothari Vs Income Tax Officer
(2023) TaxCorp(LJ) 31454 (ITAT-MUMBAI)
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Uber India cannot be treated as assessee-in-default for non-deduction of tax at source under Section 194C on payments made to restaurant and courier partners or driver-partners under Uber Eats and Uber App respectively on behalf of Uber B.V.
Uber India Systems Private Limited Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31436 (ITAT-MUMBAI)
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The capital gains has to be computed only by reference to provisions of Section 112(1)(c)(iii), without giving effect to the first and second provisos to Section 48.
Legatum Ventures Limited Vs Asstt. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31429 (ITAT-MUMBAI) · Section 112(1)(c)(iii)
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The contract between the Assessee and contracting banks are principal to principal basis and there is no direct connection with the credit card agencies like Visa or Master.
Cleartrip Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31421 (ITAT-MUMBAI)
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Provisions of Section 45 shall not apply if there is a transfer of capital asset by a company to its Indian subsidiary and the parent company along with its nominees hold the whole of share capital of the subsidiary.
Reliance Industries Limited Vs Asst. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31420 (ITAT-MUMBAI)
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When the adjusted profit is also eligible for exemption under section 10A there is no question of making any addition towards the adjustment made to depreciation.
Zensar Technologies Ltd Vs DCIT-2(3)
(2023) TaxCorp(LJ) 31403 (ITAT-MUMBAI) · Section 80HHE
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Basic provision of law has not been followed and the adjustment in the returned income is null and void and wholly without jurisdiction.
Ernst & Young Merchant banking Services LLP Vs ADIT
(2023) TaxCorp(LJ) 31400 (ITAT-MUMBAI)
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A bare reading of list of investors demonstrates a specific pattern of buying the shares by lead investor and then his/her family members also in huge quantity.
Hitendra C. Ghadia Vs DCIT
(2023) TaxCorp(LJ) 31399 (ITAT-MUMBAI) · Section 10(38)
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A judicial precedent is only an authority for what it actually decides and not what may come to follow from some observations which find place therein.
Total Oil India Pvt. Ltd. & Others Vs Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31386 (ITAT-MUMBAI)
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Amendment covering non-compete fees received from the profession under Section 28(va) was passed by Finance Act, 2016 with effect from AY 2017-18, thus the same is not applicable to the present case.
Nalini Mahajan Vs ACIT
(2023) TaxCorp(LJ) 31357 (ITAT-MUMBAI) · Section 28(va)
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Taxes on the salary of the seconded employees are already been paid to Indian exchequer and if the same is taxed again in the Assessee’s hands, it will tantamount to double tax.
Morgan Stanley International Incorporated Vs DDIT (International Taxation)-4(1)
(2023) TaxCorp(LJ) 31356 (ITAT-MUMBAI)
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All the support services are provided by the intra- group entities and particularly, the administrative and day to day management services are provided by the assessee.
Jefferies LLC Vs DCIT (IT)
(2023) TaxCorp(LJ) 31354 (ITAT-MUMBAI)
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Provision made on account of ESOP expenditure would be an ascertained liability and not a contingent liability warranting any disallowance either under normal provisions or while computing book profits under Section 115JB.
Vodafone Idea Ltd (formerly known as Idea Cellular Limited) Vs Assistant Commissioner of Income Tax
(2023) TaxCorp(LJ) 31326 (ITAT-MUMBAI) · Section 28(iv)
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