Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Urban Infrastructure Holding (P.) Ltd. (2023) 294 Taxman 496 (Bom.)(HC) Editorial : Arising from order of ITA No. 1979/Mum / 2015 dated 31-3 2017. (AY. 2009-10)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income earned-Question of law admitted.[R.8D, 260A]

PCIT(C) v. JSW Energy Ltd. (2023) 294 Taxman 407 /(2024)460 ITR 496 (Bom.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Failure to record dissatisfaction-Not earned any exempt income-Order of Tribunal deleting the disallowance is affirmed. [S. 115JB, 260A, R.8D]

PCIT v. D.B. Realty (P.) Ltd. (2023) 294 Taxman 241 (Bom.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Strategic investments-Subsidarry companies, associate concerns and partnership firms-Restricted 5% of aggregate of expenditure-Order of Tribunal was quashed and set aside-a Assessing Officer was directed to pass an order in accordance with law and formula laid down in Maxopp Investment Ltd. v. CIT [2018] 254 Taxman325 / 402 ITR 640 (SC). [R. 8D, 260A]

PCIT (E) v. Rashtreeya Sikshana Samithi Trust (2023) 294 Taxman 349 / 334 CTR 705 (Karn.)(HC)

S. 11 : Property held for charitable purposes-Capitation Fee-No action was initiated against by State for any violation of the Act-Certificate was issued under section. 12A of the Act-Denial exemption is held to be not justified.[S. 12, 12A, Karnataka Educational Institution (Prohibition of capitation fee) Act, 1984]

CIT (IT) v. Symantec Asia Pacific Pte. Ltd. (2023) 153 taxmann.com 26 (Delhi) (HC) Editorial : SLP of revenue dismissed, CIT (IT) v. Symantec Asia Pacific Pte. Ltd (2023) 294 Taxman 340 (SC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Computer software-Maintenance and support services-Not payment of royalty for use of copyright in computer software-Not taxable in India-DTAA-India-Singapore. [S. 9(1)(i), 195, Art. 12]

CIT(IT) v. Star Rays (2023) 457 ITR 1/ 294 Taxman 641 /334 CTR 908 (Guj)(HC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Diamond testing services for certification of diamond from USA-Services could not be treated as Fees for technical services-Mere rendering of services cannot be held to be fees for technical services, unless the person utilising the services is able to make use of the technical knowledge etc DTAA-India-USA. [S. 195, 201(1), 201(IA), Art. 12]

CIT (IT) v. Springer Nature Customer Services Centre GMBH(2023) 458 ITR 728/ 294 Taxman 167 / 333 CTR 845 (Delhi)(HC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Commission-Rendering support in business operations in printed and on-line sale of books and journals – Receipts are not fees for technical services-Subscription Received from third-party customers in India for sale of E-Journals, Online Journals and books under Commissionaire agreement – No copy right granted-Not assessable as royalty-DTAA-India-Germany. [S.9(1)(vi), Art. 12]

CIT v. Interoute Communications Ltd (2023) 294 Taxman 449 (Bom)(HC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Telecom services-There was no human intervention in rendering said service-Payments could not be characterised as fees for technical services-DTAA-India-UK. [S. 9(1)(vi), Art. 13]

CIT (IT) v. Gracemac Corporation (No.2) (2023) 456 ITR 130 / 153 taxmann.com 680 (Delhi)(HC) Editorial : SLP of Revenue dismissed, CIT (IT) v. Gracemac Corporation (2023) 294 Taxman 708(SC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Consideration for resale / use of computer software-Licensing of software products in India not taxable in India as royalty-Not payment of royalty for use of copy right in computer software-Not taxable in India-DTAA-India-USA.[S.9(1)(vii), Art. 12]

DIT(IT) v. Microsoft Regional Sales Corporation (2023) 151 taxmann.com 309 (Delhi)(HC) Editorial : SLP of revenue dismissed, DIT (IT) Microsoft Regional Sales Corporation (2023) 294 Taxman 519 (SC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Software receipts-Tribunal was justified in deleting addition made in hands of assessee on account of recharacterization of receipts from sale of software licenses to Indian customers/distributors as royalty-DTAA-India-USA. [S. 260A, Art. 12]