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ITAT - Salary Reimbursement not Subject to TDS under Section 195 - "Salary" is outside the purview of Section 195 and that TDS at 30% on salary is more than TDS at 15% on FTS, so there is no loss of revenue.
Serco India Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31885 (ITAT-DELHI)
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HC - USD 11,80,500 received by the Assessee from Colgate Palmolive India for providing access to the SAP system hosted by the Assessee cannot be considered as royalty.
Colgate Palmolive Marketing SDN BHD Vs Commisioner of Income Tax (IT)-2
(2023) TaxCorp(LJ) 31878 (HC-BOMBAY)
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HC - Bombay HC Upholds DTAA Benefits for Alibaba Singapore; Quashes Sec.148 Notice upholding the Assessee's entitlement to DTAA benefits.
Alibaba.Com Singapore E-Commerce Private Ltd Vs The Commissioner of Income International Taxation-1
(2023) TaxCorp(LJ) 31872 (HC-BOMBAY)
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HC - Bombay HC Quashes Sec.148 Notice on Settlement of Lawsuit by TCS with US-deputed Employees - Revenue had no reason to believe that the settlement payment for the class action suit was towards a penalty.
Tata Consultancy Services Ltd Vs Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31871 (HC-BOMBAY) · Sections 37(1), 148
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HC - Bombay HC Quashes Sec.148 Notice on Share Premium, Holds Angel Tax and Sec.68 Amendment Prospective.
SLS Energy Pvt. Ltd Vs Income Tax Officer
(2023) TaxCorp(LJ) 31870 (HC-BOMBAY) · Sections 68, 148
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HC - Gujarat High Court quashed the initiation of reassessment proceedings in the Assessee's case based on a revisionary order under Section 263 passed in the case of another co-owner of the land.
Anilaben Rohitbhai Modi Vs INCOME TAX OFFICER
(2023) TaxCorp(LJ) 31869 (HC-GUJARAT)
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ITAT - ITAT Holds CIT(E) Cannot Condone Delay in Filing Section 10(23C)(vi) Approval; Directs Reconsideration for Succeeding Year
Chhattisgarh Rajya Open School Vs The Commissioner of Income Tax
(2023) TaxCorp(LJ) 31868 (ITAT-RAIPUR) · Section 10(23C)(vi)
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HC - Delhi HC Quashes Reassessment Proceedings Due to Revenue's Misinterpretation of Purchase as Sale Transaction.
Krishna Diagnostic Private Limited Vs INCOME TAX OFFICER
(2023) TaxCorp(LJ) 31867 (HC-DELHI)
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ITAT - Delhi ITAT Rules Management License Fees to manage and operate hotel premises as Business Income, Not House Property Income.
Coronet Hotel Services & Suppliers Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31866 (ITAT-DELHI)
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ITAT - Mumbai ITAT Sustains Addition for Non-fulfilment of Sec.68 Prerequisites in Transactions with Commodity Traders.
Advantage Overseas Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31865 (ITAT-MUMBAI)
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FAQ 61 issued by the CBDT, to the extent that it restricts VsV benefit on appeals ‘dismissed in limine’, deserves to be struck down.
Oerlikon Balzers Coating India Private Limited Vs Union of India
(2023) TaxCorp(LJ) 31857 (HC-BOMBAY)
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ITAT - Mumbai ITAT Sets Aside Addition of Undisclosed Income - Assessee's Foreign Bank Account Balance - Beneficiary of Discretionary Trust - Revenue Fails to Dislodge Affidavit on Income Source
Arun Kumar R. Mehta Vs Dy. CIT
(2023) TaxCorp(LJ) 31847 (ITAT-MUMBAI)
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In terms of Article 8 of India-Korea DTAA, the rentals of ship are in the nature of profit from the operation of ship or aircraft in international traffic carried on by an enterprise of a contracting state which can only be taxed in contracting state i.e. Korea and not in India.
Doosan Power Systems India Pvt. Ltd Vs The JCIT, DCIT
(2023) TaxCorp(LJ) 31846 (ITAT-CHENNAI) · Section 40(a)(i)
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HC - Bombay HC Stays Look Out Circular with Imposed Cost
Sanjay Dangi Vs Union of India & Anr
(2023) TaxCorp(LJ) 31839 (HC-BOMBAY)
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HC - Delhi HC Sets Aside Sec.148A(b) Notice for non-application of mind by the Revenue; Directs Reassessment Proceedings
Home Credit India B. V. Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 31838 (HC-DELHI) · Section 148A(b)
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As per Article 24, the exemption or reduction of tax to be allowed under the DTAA in India shall only apply to so much of the income as is remitted to or received in Singapore where the laws in force in Singapore provides that the said income is subject to tax based on the amount remitted or received in Singapore, however, where under the laws in force if the income is subject to tax based on full amount regardless of remission or receipt in Singapore, then Article 24(1) would not apply.
Citicorp Investment Bank (singapore) Ltd. Vs Commissioner Of Income Tax(IT)-2
(2023) TaxCorp(LJ) 31837 (HC-BOMBAY)
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As long as the exemption certificate is in force, the Assessee is entitled to exemption.
Rashtreeya Sikshana Samithi Trust Vs PR COMMISSIONER OF INCOME-1 TAX
(2023) TaxCorp(LJ) 31830 (HC-KARNATAKA)
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The determinative test to qualify for the benefit of deduction under Section 10A, is that the rendition of onsite services outside India by the Assessee should be an integral part of the overall computer software development project, which the Assessee undertook to do for its foreign customer.
LTIMindtree Limited Vs Additional Commissioner of Income Tax
(2023) TaxCorp(LJ) 31829 (ITAT-MUMBAI)
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The donations to trust forming part of CSR obligation would be eligible for deduction under Section 80G and the benefit under Chapter VI-A for computing ‘total taxable income’ cannot be denied as it would lead to double disallowance which is contrary to the intention of legislature.
Synergia Lifesciences Pvt. Ltd Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31823 (ITAT-MUMBAI) · Section 80G
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Perusal of the show cause notice under Section 148A(b) clearly stipulates that no allegation mentioned in Section 148A(d) order concerning the two companies with respect to the Assessee was made to enable the Assessee to defend and explain the said allegations.
Rajesh Kumar Agarwal Vs UNION OF INDIA AND ORS
(2023) TaxCorp(LJ) 31822 (HC-CALCUTTA) · Sections 148A(d), 148A(b)
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