Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Software One Pte. Ltd. v.Asst. CIT (IT) (2023)108 ITR 464 (Delhi)(Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Income from software sales and support services — Addition is deleted-DTAA-India-Singapore.[art. 12(4)]

Mosdorfer Gmbh v. Asst. CIT (IT) (2023)108 ITR 44 (SN)(Delhi) (Trib)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Permanent Establishment —Attribution of profit is without any basis.

Krones Aktiengesellschaft v. Dy. CIT (IT) (2023)108 ITR 705 (Delhi) (Trib)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Dependent agency permanent establishment — Remunerated by the assessee for commission activities on arm’s length basis, no further attribution was required. The Assessing Officer was directed to delete the addition.

ITO v. Umed Meghraj Jain (2023)108 ITR 58 (SN) (Ahd) (Trib)

S. 4 : Charge of income-tax-Block of assets-Assessee reducing Block of assets from item and claimed depreciation on reduced Block of asset — Addition is not sustainable.[S. 2(11)]

Dy. CIT v. National Highways And Infrastructure Development Corp India (2023)108 ITR 21 (SN)/2024) 204 ITR 1/ 227 TTJ 1 (UO) (Delhi)(Trib)

S. 4 : Charge of income-tax-Interest received on deposits in Consolidated fund of India-Not chargeable to tax-Directed the Assessing Officer to verify the facts.[S.143(3)]

Dy. CIT (IT) v. Deloitte Touche Tohmastu (2023)108 ITR 577 (Delhi) (Trib)

S. 4 : Charge of income-tax-Principle of mutuality — Payments were reimbursement and exempt from taxation and covered by principle of mutuality.

Chennai Container Terminal P. Ltd v. Dy. CIT(2023) 108 ITR 147 / 154 taxmann.com 68 (Mum)(Trib)

S. 4 : Charge of income-tax-Capital or revenue-Duty credit entitlement under served from India Scheme-credit only be utilised by set off against duties arising on purchase of capital goods or spare-Capital in nature.[S. 28(i), 32, 43(1)]

Cognizant Technology Solutions India (P.) Ltd v. ACIT (2023) 108 ITR 492 / 154 taxmann.com 309 (Chennai)(Trib)

S. 2(22)(d) : Dividend-Any distribution to its share holders on the reduction of its share capital-Buy back of shares-Scheme of arrangement or compromise-There was a capital reduction and distribution out of accumulated profit of company to its shareholders, same would entail release of all or part of assets of a company on reduction of capital and would attract provisions of section 2(22)(d), and consequently, assessee was liable for payment of DDT under section 115-O. [S. 115O, 115QA, Companies Act 1956, S. 77, 77A 100 to104, 391, 292, 393]

Sofitra Impex P. Ltd. v. Asst. CIT (2023)107 ITR 52 (SN)(Delhi) (Trib)

S. 271D : Penalty-Takes or accepts any loan or deposit-Ignorance of law and bona fides-Non-Resident directors not material-Not mere technical violation in case of companies-Levy of penalty Justified. [S.269SS, 269T, 271E]

Jyoti Paper Udyog Ltd. v. Asst. CIT (2023)107 ITR 16 (SN)(Pune) (Trib)

S. 271AA : Penalty-Failure to keep and maintain books of accounts-Documents-International transaction-Transfer pricing-Non-compliance of provisions occurred due to opinion given by Chartered Accountant-Reasonable cause-Penalty unsustainable.[S.40A(2)(b), 92D, 92E, 273B]