Category: Tax Laws

Archive for the ‘Tax Laws’ Category


Pheonix Lamps Ltd. v. Add.CIT (2018) 61 ITR 756 (Delhi) (Trib)

S.10A: Free trade zone – Eligible for set off unabsorbed depreciation . [ S. 32 ]

Sahjanand Laser Technology Ltd. (2018) 401 ITR 478 (Guj) (HC)

S. 10A : Free trade zone – Export amount was not received with in specified time denial of exemption was held to be justified .[ S.260A ]

ACIT v. (E) Gurudatta Shikshan Sanstha. (2018) 168 ITD 191 /192 TTJ 746 / 165 DTR 70 (Pune) (Trib.)

S. 10 (23C): Educational institutions- Any income- Addition made as cash credits would also qualify the exemption . [ S.68, 115BBC ]

Telangana State Pollution Control Board v. CIT (2018) 402 ITR 267/ 166 DTR 117/ 302 CTR 509 (T&AP) (HC)

S. 10 (23C):Educational institution-Application for exemption was made before wrong authority- Authority concerned should have forwarded to the correct authority instead of rejecting the said application after enquiries . [ S. 10(23C) (iv) ]

Vishnu Mohan T. Nair v. ITO (2018) 61 ITR 796/ 168 ITD 469 / 192 TTJ 872/165 DTR 17 (Ahd.) (Trib)

S. 10(10B) : Compensation – Workman – De facto termination of employment on payment of agreed compensation — Eligible for exemption –Quantum to be examined by the AO .

Credit Agricole Corporate & Investment Bank v. DIT (IT) (2018) 168 ITD 553 (Mum) (Trib.)

S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services –Payments made towards allocation of expenses cannot be treated as fees for technical services – DTAA-India – France [ Art . 13 ]

SMS Iron Technology (P.) Ltd. v. ITO (2018) 168 ITD 376 ( Delhi) (Trib.)

DCIT v. KPMG Advisory Services (P.) Ltd. (2018) 168 ITD 34 (Mum) (Trib

S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Payment of SAP charges made to Associated enterprise for use of licensed software was liable to tax as royalty in India and liable to deduct tax at source- DTAA-India -Germany [S. 195, 201(1), 201(IA), Art 12 ].

DCIT v. KPMG Advisory Services (P.) Ltd. (2018) 168 ITD 34 (Mum) (Trib

S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Professional charges paid by assessee to a non-resident company located in Bangladesh could not be brought to tax in India as royalty – DTAA- India – Bangladesh [ Art 13(2) ]

Godaddy.com LLC v. ACIT ( 2018) 193 TTJ 137/170 ITD 217 /165 DTR 57(Delhi)(Trib) , www.itatonline.org

S. 9(1)(vi):Income deemed to accrue or arise in India – Royalty – Domain name is an intangible asset which is similar to trademark. Consequently, income from services rendered in connection with such domain name registration is assessable as “royalty”-DTAA- India -USA [ S. 115A, Art .12 ]

Credit Agricole Corporate & Investment Bank v. DIT (IT) (2018) 168 ITD 553 (Mum) (Trib.)

S. 9(1)(v) : Income deemed to accrue or arise in India – Interest -DTAA would apply only when recipient of interest was not having a permanent establishment in country where it had received interest- DTAA- India –France [ Art. 12 ]