2014 (8) TMI 606 - DELHI HIGH COURT
Director of Income Tax (International Tax) Versus Copal Research Limited, Moody’s Group Limited, Moody’s Analytics, USA
Capital gain on sale of shares of Indian company by one Non resident to another Non resident outside India – Liability to deduct TDS u/s 195 - Whether the two transactions i.e. for sale and purchase of CRIL shares and Exevo- USA shares are designed ......
2014 (8) TMI 526 - ITAT MUMBAI
M/s INDIA FASHIONS LTD Versus INCOME TAX OFFICER
Commission paid on export sales – TDS not deducted u/s 195 – Non-existence of written agreement - Held that:- The Tribunal in Harrison Garments Division Vs. JCIT [2014 (5) TMI 544 - ITAT MUMBAI] has held that mere existence of an agreement cannot dec ......
2014 (8) TMI 170 - MADRAS HIGH COURT
The Commissioner of Income Tax Versus Faizan Shoes Pvt. Limited
Payment towards overseas agents commission – Commission paid to non-residents u/s 40(a)(i) – TDS not deducted u/s 195 - Agent’s service u/s 9(1)(vii) r.w section 9(2) – Held that:- The plea of the revenue cannot be accepted that commission paid by th ......
2014 (7) TMI 765 - ITAT MUMBAI
Deputy Director of Income-tax Versus IATA BSP India
Nature of payment made for BSP link services rendered by ADP-GSI France – Requirement to deduct TDS on fees paid to technical services – Held that:- The payment made to ADP-GSI France for providing BSP link services to the Agents/Air lines was treate ......
2014 (7) TMI 761 - ITAT CHENNAI
The Income Tax Officer Versus M/s. Gadsyl Exports P. Ltd.
Non-deduction of TDS on overseas payment of agency commission – Disallowance u/s 40(a)(ia) of the Act – Held that:- Assessee is availing the services of non-resident agents for procuring export orders for which commission is paid - nonresident agents ......
2014 (7) TMI 418 - ITAT MUMBAI
The Asst. Commissioner of Income Tax Versus Raj Girish Karia
Disallowance of Freight and insurance charges paid to Shipping Companies u/s 40(a)(ia) - TDS u/s 194C / 195 – Held that:- The assessee has to show that the shipping companies to whom payments were made are not only non-residents, but also he has to s ......
2014 (7) TMI 265 - BOMBAY HIGH COURT
Director of Income Tax (International Taxation) Versus M/s. Mahindra & Mahindra Limited
Period of limitation for declaring Assessee in default - time limit for proceedings u/s 201(1) and (1A) of the Act - Reassessment u/s 147 of the Act – tribunal held that the order passed under Section 195 r/w 201(1) or 201(1A) of the Income Tax Act, ......
2014 (7) TMI 255 - ITAT CHENNAI
The Asst. Commissioner of Income Tax Versus M/s. Myrind School of Catering & Computer Management (P) Ltd.
Addition u/s 40(a)(ia) – Payment to overseas institution as fees for awarding the degrees, supplying books and course material –TDS not deducted u/s 195 - technical know-how or technical services - Held that:- CIT(A) rightly of the view that the amou ......
2014 (6) TMI 837 - ITAT DELHI
ITO, Ward 12(4), New Delhi Versus M/s. Himalya International Ltd.
Deletion of disallowance of USA expenses - non deduction of TDS on remittance to non-resident - reimbursement of expenses - Held that:- Following Himalya International Ltd. Versus DCIT Circle-12(1), New Delhi and ITO, Ward-12(4), New Delhi Versus Him ......
2014 (6) TMI 707 - ITAT CHENNAI
Income Tax Officer (TDS) Versus M/s. Cognizant Technology Solutions India Pvt. Ltd. And Others
Royalty u/s 9(1)(vi) - TDS u/s 195 – hiring of International Private Leased Circuits [IPLC] - Nature of Remittance made to Non-resident Company – Whether the services provided by the overseas company constitutes ‘Royalty’ or not - Held that:- Followi ......
2014 (6) TMI 643 - ITAT CHENNAI
The Assistant Commissioner of Income Tax Versus M/s. T. Abdul Wahid Tanneries Pvt. Limited
Disallowance u/s 40(a)(i) of the Act – Non-deduction of TDS u/s 195 – Held that:- No evidence has been placed on record to allege any misreading of evidence by the CIT(A) - assessee’s overseas agents do not have any permanent establishment in India ......
2014 (6) TMI 463 - ITAT CHENNAI
Commissioner of Income Tax Versus M/s. T. Abdul Wahid & Company, M/s. Farida Leather Company
Deletion of disallowance u/s 40(a)(ia) of the Act – TDS not deducted - Payment made to foreign commission agents – Held that:- Following Income-tax Officer, Co. Ward-II(1) Versus Faizan Shoes (P.) Ltd. [2014 (1) TMI 440 - ITAT CHENNAI] – sales commis ......
2014 (6) TMI 290 - ALLAHABAD HIGH COURT
Commisisoner Of Income Tax (Central) Versus M/s Model Exims
Deletion of disallowance of Non-deduction of tax u/s 195 of the Act – Retrospective effect of section 9 (1) (vii), read alongwith the explanation introduced by Finance Act, 2010 w.e.f. 1.6.1976 of the Act – Disallowance of payment u/s 40(a)(ia) of th ......
2014 (6) TMI 255 - ITAT MUMBAI
Asst. Commissioner of Income Tax Versus Rapid Pack Engg (P) Ltd.
Deletion of addition u/s 40(a)(ia) of the Act - Commission paid to Non-residents – Applicability of benefit of circular - CIT(A) not appreciated the fact that Circular No. 786 has been withdrawn by the Circular No. 7 of 2009 dated 22.10.2009 – Availa ......
2014 (5) TMI 744 - ITAT AHMEDABAD
Larsen & Toubro Limited L&T Technology Centre Versus The ITO (International Tax), Baroda
Non-speaking order - Assessee in default u/s 201(1) of the Act or not – Payment of income chargeable to tax not made – Requirement to deduct TDS u/s 195 of the Act – Purchase of software – Scope of term Royalty u/s 9(1)(vi) of the Act – Held that:- A ......