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S. 254(2) Limitation period: The amendment to s. 254(2) to curtail the limitation period for filing rectification applications to six months from four years is prospective and applicable to appeal orders passed after 01/06/2016 and not the orders passed prior to 01/06/2016. The contrary view in Lavanya Land (Mum ITAT) is not good law in view of K. Ravindranathan Nair (SC)
Lucent Technologies GRL LLC vs. ADIT
(2017) TaxCorp(LJ) 13739 (ITAT-MUMBAI) · Section 254(2)
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HC(Full Bench) - Tax holiday u/s 10A or 10B available on income by way of interest on bank deposits or staff loans earned by 100% EOU.
The Commissioner of Income Tax and Another Vs M/s. Hewlett Packard Global Soft Ltd.
(2017) TaxCorp(LJ) 13738 (HC-KARNATAKA) · Sections 10A, 10B
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HC - Writs allowed - Re-opening quashed on the ground that it is difficult to believe that the Revenue was not aware of the assessee having a PE in India, since in respect of earlier AYs the matter is being contested as well as pending at various levels.
M/S ESS DISTRIBUTION (MAURITIUS) S.N.C.ET COMPAGNIE Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2017) TaxCorp(LJ) 13737 (HC-DELHI)
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SC - Amount received by the non-resident company towards mobilization/demobilisation fees for oil rigs is taxable u/s. 44BB.
SEDCO FOREX INTERNATIONAL INC. Vs COMMISSIONER OF INCOME TAX
(2017) TaxCorp(LJ) 13736 (SC)
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HC - Deduction u/s 80IA(4) allowable to developer even though assessee assignied the task of maintenance and toll collection of the road to third party after completion of construction work.
PR. COMMISSIONER OF INCOME TAX Vs NILA BAURAT ENGINEERING LTD
(2017) TaxCorp(LJ) 13735 (HC-GUJARAT) · Section 80IA(4)
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HC - Tax Planning - Redemption of Early SPN is a clever but permissible tax planning tool therefore, interest cannot be disallowed deductible u/s. 36(1)(iii).
M/S. NIRMA LTD Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2017) TaxCorp(LJ) 13734 (HC-GUJARAT) · Section 36(1)(iii)
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HC - A stay will not stand automatically vacated under the third proviso to Sec. 254(2A), unless ITAT records a finding that the assessee was responsible for the procrastination of the hearing of the appeal.
Vodafone Mobile Services Ltd. Vs. CIT
(2017) TaxCorp(LJ) 13730 (HC-AP) · Section. 254(2A)
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SC - CBDT instruction 3/2011 laying down monetary appeal filing limits for Revenue’s appeals is not retrospective in operation.
Gemini Distilleries Vs. The CIT
(2017) TaxCorp(LJ) 13729 (SC)
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Permanent Establishment (PE) under Article 5 of DTAA: Entire law on concept of “fixed place of business”, “service PE” and “agency PE” explained. The fact that there is close association and dependence between the US company and the Indian companies is irrelevant. The functions performed, assets used and risk assumed, is not a proper and appropriate test to determine whether there is a location PE
ADIT. vs. E-Funds IT Solution Inc.
(2017) TaxCorp(LJ) 13728 (SC)
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Entire law on the valuation of immovable properties under the 'rent capitalisation' method versus the 'land and building' method explained in the context of s. 7(2) of the Wealth-tax Act, 1957. Also, law on taking the view in favour of the assessee if two reasonable constructions of a statute are possible explained
Bimal Kishore Paliwal vs. CWT
(2017) TaxCorp(LJ) 13727 (SC)
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S. 2(22)(e): Any payment by a closely-held company by way of advance or loan to a concern in which a substantial shareholder is a member holding a substantial interest is deemed to be “dividend” on the presumption that the loans or advances would ultimately be made available to the shareholders of the company giving the loan or advance. However, the legal fiction in s. 2(22)(e) does not extend to, or broaden the concept of, a “shareholder”
CIT. vs. Madhur Housing And Development Co.
(2017) TaxCorp(LJ) 13726 (SC) · Section. 2(22)(e)
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ITAT - Interest u/s 201(1A) chargeable where assessee failed to deduct tax at source u/s 194J even though deductee had filed nil return of income and had no tax liability.
Aayush NRI LEPL Health Care Pvt. Ltd. Vs. ACIT
(2017) TaxCorp(LJ) 13719 (ITAT-VISAKHAPATNAM) · Section. 201(1A)
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HC - Payments made by a Hospital to retainer doctors are in the nature of professional fees and not salary. No TDS u/s 192.
Escorts Heart Institute & Research Centre Ltd. Vs. Dy. CIT
(2017) TaxCorp(LJ) 13718 (HC-RAJASTHAN)
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HC - An asset cannot move out of the `Block of Assets', if depreciation was allowed to the asset sometime in the past, even though depreciation was claimed for many years thereafter.
Meena v. Pamnani Vs. CIT
(2017) TaxCorp(LJ) 13717 (HC-BOMBAY) · Section. 50
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ITAT - No exemption u/s. 11 to where trust earned interest income on money lending to small help group, which is against object of assessee-trust and which amounts to commercial activities u/s 2(15).
Sreema Mahila Samity Vs. DCIT
(2017) TaxCorp(LJ) 13716 (ITAT-KOLKATA) · Section. 11
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ITAT - In the case of amalgamation,the transferor company ceases to exist, and there is transfer all rights to the amalgamated company, therefore the proceedings initiated by assessee can only be continued by the transferee company in its own name.
EADS India P. Ltd. Vs. DCIT
(2017) TaxCorp(LJ) 13711 (ITAT-BANGALORE)
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HC - Excess cash seized after adjustment towards payment of tax, surcharge and penalty under the Pradhan Mantri Garib Kalyan Yojana Scheme, 2016 needs to be refunded.
Jaya Balajee Real Media Pvt. Ltd. Vs. The ACIT
(2017) TaxCorp(LJ) 13710 (HC-AP)
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SC - The Indian company only renders support services which enable the assessees in turn to render services to their clients abroad. This outsourcing of work to India would not give rise to a fixed place PE. Also, MAP agreement for earlier year cannot be considered as precedent for subsequent years.
E-Funds IT Solution Inc. ACIT
(2017) TaxCorp(LJ) 13709 (SC)
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ITAT - Google's Adwords distribution agreement with Google Ireland is not the advertisement or selling of the space rather it is focused targeted marketing for the product/ services of the advertiser by the Assessee/Google with the help of technology for reaching the targeted persons based on the various parameters information etc,. Taxable as ‘royalty’ in India. Sec. 40(a)(i) disallowance for failure to make TDS justified.
Google India Private Ltd. Vs. Addi. CIT
(2017) TaxCorp(LJ) 13708 (ITAT-BANGALORE)
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ITAT - Sec. 80IB(3) deduction available despite assesse grew beyond the SSI definition in relevant AY.
Advik Hi-Tech Pvt. Ltd. Vs. DCIT
(2017) TaxCorp(LJ) 13707 (ITAT-PUNE) · Section. 80IB(3)
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