2011 (1) TMI 126 - ITAT, MUMBAI
Dy. DIT(IT) Versus Mckinsey & Co.
Consultancy services considered as ‘included services’ within the meaning of Article 12 of Indo Canada Treaty - whether the same could be taxed under Article 7 of the Treaty as business income - AO had not examined the issue of PE as he had taxed the ......
2011 (1) TMI 123 - ITAT, MUMBAI
Dy. DIT(IT) Versus Novel Asset Company Ltd.
Addition of income - The AO issued notice u/s 142(1) dated 18.10.2002 calling upon the assessee to substantiate its claim as to how the mobilization of rig would not be taxable in India in view of the provisions of section 44AB of the Act - Assessee ......
2011 (1) TMI 47 - DELHI HIGH COURT
Asia Satellite Telecommunications Co. Ltd. Versus Director of Income-tax
Royalty - Fee paid by Indian Broadcasters to foreign satellite service provider – Income deemed to accrue or arise in India - royalty under section 9(1)(vi) - footprint on various continents - process has taken place in India or not - Held that: - Ac ......
2010 (12) TMI 948 - Delhi High Court
Director of Income Tax Versus LG Cable Ltd.
DTAA between India and Korea - whether the contract in question is not a composite one and, therefore, the assessee is not liable to pay tax in India in respect of offshore service? - Held that:- Mere existence of a PE could not constitute sufficient ......
2010 (12) TMI 667 - ITAT, Hyderabad
DCIT Versus Excel Media (P) Ltd.
Internet access services - Expln.2 S. 9(1) (vii) of the IT Act read with read with 194J of the IT Act - Technical services or not - held that:- interconnect charges paid by assessee, a telecommunication service provider, to BSNL in respect of calls w ......
2010 (12) TMI 534 - ITAT, New Delhi
Controls and Switchgear Co. Ltd. Versus DCIT
Disallowance - Royalty - Capital or revenue expenditure - it was the case of the learned DR that though Tribunal has rightly held that the nature of amount paid by the assessee was a capital expenditure but the allocation of 25% towards capital was n ......
2010 (12) TMI 282 - ITAT, MUMBAI
Hapag Lloyd Container Linie GmbH Versus Asstt. DIT (IT)
DTAA - Interest - During the course of assessment proceedings, the Assessing Officer noted that the assessee received Income-tax refund, which included interest on such Income-tax refund amounting to Rs. 12,44,428 - The Assessing Officer opined that ......
2010 (11) TMI 840 - ITAT MUMBAI
Deputy Director of Income-tax (IT), 2(1), Mumbai Versus Samsung Engg. Co. Ltd.
Income - Deemed to accrue or arise in India, Non-residents, Business income ......
........... s dismissed. 25. In the result, both the appeals by the revenue are dismissed. ITA NO. 4262/MUM/2008 26. This is an appeal by the revenue against the order dated 31-3-2008 of CIT(A),XXXI, Mumbai relating to Assessment year 2004-05. The ground of appeal raised by the revenue reads as follows On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in holding that the amount of Rs. 1,37,47,561, which represents interest income and income from insurance, should be taxable as business income instead of lsquo Income from other sources rsquo . 27. The aforesaid ground of appeal raised by the revenue is identical to ground No. 1 raised in appeals for assessment year 2001-02 and 2002-03. For the reasons stated therein we hold that the CIT(A) was justified in treating the interest income as income from business. We, therefore, uphold the order of the CIT(A) and dismiss the appeal by the revenue. 28. In the result, all the appeals by the revenue are dismissed.
2010 (11) TMI 803 - Karnataka High Court
DIT and Anr. Versus Prahlad Vijendra Rao
Resident or non-resident - Assessee is an individual - return of income was filed under the status of "non-resident" processed under s. 143(1) which resulted in refund order being issued. Subsequently it was selected for scrutiny, assessee appeared a ......
2010 (11) TMI 681 - ITAT, Delhi
Linmark International (Hong Kong), Ltd. Versus DDIT
International Taxation - Liaison office in India ("Indian LO") - The Indian offices practically carry out all operations of the business of the commission agent except the formation of the contract between the vendors and the buyers, which in any cas ......
2010 (11) TMI 625 - ITAT, Mumbai
Lubrizol Corpn. USA Versus DIT
DTAA between U.S.A. and India - Application of stay - Demand - Arm length price - there are no hard and fast rules regarding grant of stay, but prudence, discretion and circumspection are called for and that stay should not be granted as a matter of ......
2010 (11) TMI 193 - ITAT, MUMBAI
Aditya Birla Nuvo Ltd. Versus Asst. DIT(IT)
Fees for technical services - International transaction - TDS - Held that: - The erection of machines was thus work of many local workers. The two technicians only supervised the erection and giving technical advice in connection with the erection. - ......
2010 (10) TMI 852 - Delhi High Court
Mother Dairy Fruit, Vegetable (P) Ltd. Versus Commissioner of Income Tax
Disallowance under section 40(a)(iii) - non eduction of tds - amount of salaries paid in foreign currency to the employees - Indian and Netherlands DTAA - Held that:- The salary payment can be said to be earned in India only if the corresponding serv ......
2010 (10) TMI 768 - ITAT, Delhi
Gracemac Corpn. and Microsoft Corpn. Versus ADIT
DTAA between India and USA - Royalty - No PE - whether the sale of "off the shelf software product" by US based non-resident companies to independent Indian distributors is taxable in the hands of such non-resident companies as royalties - Since comp ......
2010 (10) TMI 695 - ITAT, DELHI
Menlo Worldwide Forwarding India (P.) Ltd. Versus DCIT
Remission of liability - Addition u/s 41 - Held that: assessee’s case is that no amount has been transferred to the profit and loss account. It was merely a book entry whereby sundry debtors amounting to Rs. 1,08,94,578/ and corresponding amount paya ......
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