Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Linklaters LLP. v. ACIT (2023) 200 ITD 503 (Mum) (Trib.)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Limited Liability Partnership (LLP) and tax resident of UK-legal services to its clients worldwide-Entitled to benefit of article 4(1) of India-UK DTAA in respect of income generated from professional services rendered in India which had been taxed in UK-providing legal services to its client worldwide was not FTS-Employees of assessee, non-resident LLP, for rendering services in India stayed for only 17 days-Independent personnel services or independent activity-DTAA-India-UK [S.9(1)(vii), Art. 4(1), 5, 13, 15]

ACIT v. Convergys Customer Management Group Inc. (2023) 200 ITD 23/102 ITR 21 (SN) (Delhi) (Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Projection of business in India-Under control and guidance-Considered as fixed place PE of assessee company-Attribution of profit PE is taxable in India-DTAA-India-USA [Art. 5]

Cholamandalam Investment and Finance Co. Ltd. v. Asst. CIT (2023)102 ITR 685 (Chennai)( Trib)

S. 145: Method of accounting — Securitisation transactions — Sale to special purpose vehicle against lump sum consideration equal to book value – Offering excess interest spread to tax on proportionate basis as and when accruing over tenure – Method accepted by Revenue — Rule of consistency —Addition is deleted – Real income to be assessed .

SMV Beverages (P) Ltd. v. PCIT (2023) 334 CTR 709 (Orissa) ( HC)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-Compounding of offence-Belated filing of application-Affidavit is filed explaining the delay-Matter is remanded to be decided on merits.[S. 276B, Art.226]

Maspar Industries (P) Ltd v.CCIT ( 2023) 333 CTR 10 / 221 DTR 452 ( Delhi)( HC)

S. 279 : Offences and prosecutions-Compounding of offences-Compounding fees-Failure to deposit tax deducted at source-Subsequent offences-Compounding fee of 5 percent is affirmed-Compounding fee by all directors instead one director, directed to re examine.[S. 2(35), 276B, 278B, Art. 226]

UOI v. Pusparani Khana (2023) 335 CTR 863 / 151 taxmann.com 249 (Orissa)( HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Penalty proceeding initiated against assessee for concealment of income was dropped-Trial Court rightly acquitted assessee. [S. 139(5), 277]

Sub-Registrar, Sri. V.G. Cleetus v. DIT (Intelligence) (2023) 333 CTR 773 / 154 taxmann.com 546 (Ker)(HC)

S. 271FA : Penalty-Annual information return (AIR)-Failure to furnish-Delay of 525 days-No reasonable cause-Order imposing the penalty is affirmed.[S. 273B, 285BA(1)(b), Art. 226]

PCIT v. Thapar Homes Ltd. (2023) 335 CTR 1096/ (2024) 159 taxmann.com 450 (Delhi)(HC)

S. 271E : Penalty-Repayment of loan or deposit-Limitation-Assessment order was passed on 31st Dec., 2010-Penalty order passed on 30th Dec., 2011 was barred by limitation-No substantial question of law. [S. 260A, 275(1)( c)]

PCWT v. Oriental Building & Furnishing Co Ltd ( 2023) 333 CTR 1 ( SC) Editorial : From the Judgement from Delhi High Court, WTA No. 4 of 2017 dt. 18-7-2017.

S. 268A : Appeal-Instructions-Circulars-Monetary limits-Appeal of Revenue is dismissed-[WTACT, 1957, S.29]

DIT (IT) v. Krupp Udhe Gmbh ( 2023) 333 CTR 209 ( SC) Editorial : DIT (IT) v. Krupp Udhe Gmbh (2010) 38 DTR 251 / (2013] 40 taxmann.com 38/ 219 Taxman 138 (Mag.)/ 354 ITR 173( Bom)( HC)

S. 268A : Appeal-Instructions-Circulars-Monetary limits-Appeal of Revenue is dismissed-Reimbursement of expenses would not be liable to be included in income. [S. 5, (9(1)(i)261, Art. 136]