S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fees for technical services-Receipts from reservation fee, marketing fee and loyalty programme-Cannot be assessed as royalty income-DTAA-India-Singapore [S.9(1)(vii), Art. 12]
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fees for technical services-Receipts from reservation fee, marketing fee and loyalty programme-Cannot be assessed as royalty income-DTAA-India-Singapore [S.9(1)(vii), Art. 12]
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Business of providing digital transmission of data-Bandwidth charges received from Indian customers-Not taxable as royalty-DTAA-India-Singapore. [Art. 12(3)]
S. 9(1)(v) : Income deemed to accrue or arise in India-Interest-Right to receive interest income on compulsorily convertible debentures (CCDs)-Taxed @10 per cent as per Article 11 of India-Cyprus DTAA-DTAA-India-Cyprus.[Art. 11(2)]
S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Interest paid by Indian branch/PE of assessee, a French bank, to its head office (a foreign company)-Not taxable in India under India France DTAA since branch had borrowed from overseas head office and debt claim of head office was connected to PE branch in India-DTAA-India-France. [Art. 7, 12]
S. 127 : Power to transfer cases – Transferring the case from the Jurisdictional officer in Mumbai to the counterpart in New Delhi- No agreement between the Principal Commissioners of Mumbai and Delhi for the proposal of such a transfer -Compliance of natural justice -Transaction with specific group – Coordinated and centralised investigation – Transfer is valid – Writ petition is dismissed . [ S.127(2), Art. 226 ]
S. 69C : Unexplained expenditure – Bogus purchases – Order of Tribunal affirming the 7% of GP rate is affirmed – No substantial question of law .[ S.143(3), 260A ]
S.37(1): Business expenditure – Upfront fees and brokerage fees – Non -convertible debentures – Year of allowability – If the tax rate is uniform in two years then, the deduction whether claimed by the assessee in the year one or two is of no consequence to the revenue- The revenue expenditure is to be allowed in the year in which it is incurred but it could be spread over only at the instance of an assessee – Order of Tribunal is affirmed – No substantial question of law .[ S. 145 , 260A ]
S .14A : Disallowance of expenditure – Exempt income – Disallowance under Section14A cannot exceed the exempt income – No substantial question of law.[ S.260A ]
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice Principle of Natural Justice – Non-Application of Mind by Authorities- Role of Principal Commissioner of Income Tax (PCIT) – Approval under Section 151- Strictures -Interplay Between CGST Act and Income Tax Act- Costs and Accountability of Tax Authorities- The High Court held that the reopening of assessment under Section 148 was invalid as it was based on mechanical approval and a lack of due diligence by the tax authorities- Imposed personal costs of ₹25,000 each on the Assessing Officer and the Principal Commissioner of Income Tax, payable to the National Association for the Blind, Mumbai for arbitrary and unjustified actions serves as a deterrent against abuse of authority and reinforces accountability in the exercise of statutory powers- Directed the Ministry to scrutinize the conduct of the involved officers for accountability. [S. 148 , 148A(b) 148A(d), 151 , Art. 226 ]
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice Principle of Natural Justice – Non-Application of Mind by Authorities- Role of Principal Commissioner of Income Tax (PCIT) – Approval under Section 151- Strictures -Interplay Between CGST Act and Income Tax Act- Costs and Accountability of Tax Authorities- The High Court held that the reopening of assessment under Section 148 was invalid as it was based on mechanical approval and a lack of due diligence by the tax authorities- Imposed personal costs of ₹25,000 each on the Assessing Officer and the Principal Commissioner of Income Tax, payable to the National Association for the Blind, Mumbai for arbitrary and unjustified actions serves as a deterrent against abuse of authority and reinforces accountability in the exercise of statutory powers- Directed the Ministry to scrutinize the conduct of the involved officers for accountability. [S. 148 , 148A(b) 148A(d), 151 , Art. 226 ]