Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


BCP V. Singapore Fvci Pte. Ltd. v. ACIT (2024) 229 TTJ 46 (UO) / 159 taxmann.com 63 (Delhi)(Trib)

S. 147 : Reassessment-Repatriated the amounts invested in non-convertible debentures in the earlier years-No escapement of income-Reassessment notice and order is quashed.[S. 148]

Cadmatic Oy v.ACIT (IT) (2023) 37 NYPTTJ 1723 /(2024) 229 TTJ 273 / 237 DTR 169 / 159 taxmann.com 320 (Mum)(Trib)

S. 144C : Reference to dispute resolution panel-Order passed prior to issue of direction of DRP-Order passed after direction of DRP is not valid-Additional ground is admitted-Delay in filing of an appeal is condoned.[S.143(3), 144C(13), 253(5)]

ACIT v. Markolines Infra (P) Ltd. (2024) 229 TTJ 825 / 238 DTR 203 / 38 NYPTTJ 584 (Mum) (Trib)

S. 143(1) : Assessment-Intimation-Communication for adjustment was sent at the updated email address of the assessee is valid communication-Late payment of employees contribution-Disallowance is justified-Matter is remanded to the AO to find out any extension was granted under the relevant statutes for payment of employees’ contribution to ESI/ PF [36(1)(va ), 43B, 139(1), 282,R. 127(2)]

ACIT v. BBC World (India) (P) Ltd. (2023) 156 taxmann.com 386 /37 NYPTTJ 1515 / (2024) 229 TTJ 601 / 237 DTR 201 (Delhi)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Reimbursement of third party cost for marketing and research-Expenses relating to advertisement were on buying of advertisement space in the newspapers-Pass through entities-Other than these three items, all other items should be considered as part of the cost base o and should be marked-up-Order of CIT(A) is affirmed.

Rajat Dhara v. DCIT (IT) (2024) 229 TTJ 76 / 236 DTR 289 / 38 NYPTTJ 376 / 162 taxmann.com 902 (Kol) (Trib)

S. 90 :Double taxation relief-Salary income earned in USA by a person resident in India-Since all the conditions mentioned in art. 16(2) of the DTAA are not attracted in the case of the assessee, the income of the assessee is taxable in USA and not in India-DTAA-India-USA [Art. 16(1), 16(2)]

Planetcast International Pte. Ltd. v. ACIT (IT) (2023) 152 taxmann.com 422 / 37 NYPTTJ 1029 / (2024) 229 TTJ 640 (Delhi) (Trib)

S. 90 :Double taxation relief-Service rendered in each projects sites did not exceed threshold limit of 183 days-No profits out of sale equipments as well as installation and commissioning services can be taxed in India-DTAA-India-Singapore [Art. 5(3), 5(4)]

Ashish Sood v. DCIT (2024) 229 TTJ 693 / 237 DTR 247 / 38 NYPTTJ 512 (Chd)(Trib)

S. 90 :Double taxation relief-Credit for tax paid abroad-Directory-Form No. 67 was filed and uploaded on portal on 18th Oct., 2021 on two months prior to intimation-Matter remanded to the CIT(A) to give credit to the USA income of the assessee and FTC as claimed after due verification.[S. 91, 13991), 143(1), Form No 67. R. 128(9)]

JCIT v. Sonu Handicrafts (2024) 229 TTJ 52 (UO) (Jodhpur)(Trib)

S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Adjustment of loss of other units-Separate books of account-Adjustment of loss of other units are not justified. [S.80IA(5),Form No. 10CCB]

Jayeshkumar Gopalbhai Akbari v. DCIT (2024) 229 TTJ 449 / 237 DTR 113 / 38 NYPTTJ 399/ 162 taxmann.com 395 (Surat)(Trib)

S. 80GGC : Contribution-Any person-Political parties-Rashtriya Komi Ekta party-Unrecognised political party-No certificate is furnished in the form of verification of list of documents, etc-Genuineness of the donation is not proved-Not allowable as deduction. [S. 133(6 )]

Vision Sansthan v. ITO (2024) 229 TTJ 816 / 238 DTR 25 / 38 NYPTTJ 605 / 162 taxmann.com 359 (Jaipur)(Trib)

S. 80G : Donation-Inability of file fresh application owing to technical glitches in the portal-Assessee is entitled to file fresh application under cl. (iii) of first proviso to sub-s. (5) of s. 80G before the CIT(E), in view of Circular No. 7 of 2024, dt. 25th April, 2024 even manually, in case technical glitches continues to disallow filing thereof-CIT(E) is directed to dispose of the application in accordance with law.[S.80G(5), Form No 10AC]