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2018 (10) TMI 66 - ITAT CHENNAI Addition u/s 68 - Held that:- Though section 68 of the Act was rightly invoked considering the failure of the assessee to give the identity of its customers, who gave advance in cash, and purchased in cash, such addition has to be restricted to the extent it is not reflected in sales. Taxing the credits in bullion margin money account and sales, would be equivalent to taxing the same amount two times. Hence, section 68 of the Act, in our opinion can be invoked only for those amounts which are no... ... ...
2018 (7) TMI 208 - ITAT DELHI Addition of Transfer Pricing Adjustment u/s 92CA - MAM selection - Held that:- Since the operating profit ratio of the assessee @ 10.99% is higher than the average of the operating profit ratio of comparables companies, i.e., 10.79%, the international transactions entered into by the assessee were considered as having been entered at arm’s length price, applying TNMM. From the records it can be seen that the assessee has not sold any products to the associated enterprises on which royalty was pa... ... ...
2007 (1) TMI 198 - ITAT BOMBAY-E Deduction of tax at Source - Payments made after moving an application u/s 195(2) - No Objection Certificate with regard to remittance of payment - Assessee in default u/s 201 - Charging Of interest u/s 201(1A) - limitation for exercising the powers in passing order u/s 201 - HELD THAT:- This order of the Tribunal was passed on 1-12-1995 and still holding the field on the issue. It is followed recently in the case of Workhardt Life Science Ltd.[ 2005 (6) TMI 550 - ITAT MUMBAI] . From the order o... ... ...
2023 (8) TMI 1528 - ITAT BANGALORE Nature of expenses - Salaries and wages expenses - HELD THAT:- This issue came for consideration before this Tribunal in assessee s own case [ 2023 (6) TMI 1118 - ITAT BANGALORE] for the assessment year 2016-17 wherein, the Tribunal followed the earlier order of the Tribunal in assessee s own case held that such expenses should be treated as revenue in nature. Interest on advances to overseas subsidiaries - Since the assessee has entered for unilateral Advance Primary Agreement for assessment ye... ... ...
2016 (5) TMI 1177 - ITAT BANGALORE Validity of reopening of assessment - Held that:- Re-assessment proceedings are initiated based on the same set of information as was available at the time of original assessment proceedings and therefore it amounts to mere change of opinion which cannot be a valid ground for re-opening assessment as held by the Hon’ble Supreme Court in CIT vs. Kelvinator of India Ltd., (2010 (1) TMI 11 - SUPREME COURT OF INDIA ). In the above circumstances, we hold that formation of belief by the AO that income... ... ...
2013 (11) TMI 1058 - MADRAS HIGH COURT Bandwidth/Telecom Services outside India – internet sharing - whether the consideration paid for providing IPLC is towards service and not towards equipment; - Held that:- the receipts are liable to be treated as 'royalty' for the use of IPLC under Section 9(1)(vi) read with Explanation 2(iva) and correspondingly Article 12(3) of DTAA between India and Singapore. We also agree with the Tribunal that even if the payment is not treated as one for the use of the equipment, the use of the process wa... ... ...
2013 (9) TMI 374 - ITAT MUMBAI TDS deduction u/s 195 - Purchase of software - Scope of term Copy Right - DTAA with Australia - Whether purchases of software or payment of Royalty be liable for deduction of TDS - Held that:- It is no doubt true the provisions of the DTAA overrides the provisions of the Income-tax Act. In the DTAA the term royalty means payments of any kind received as a consideration for the use or the right to use any copyright of literary, artistic or scientific work whereas in the Income-tax Act, royalty me... ... ...
2013 (9) TMI 567 - ITAT MUMBAI Deemed Payment of Sales Tax u/s 43B - Notional sales tax/ sales tax subsidy received under schemes by Government - Capital receipt OR Revenue Receipt - Held that:- The claim for treatment of notional sales tax was capital receipt - Following DCIT V.Reliance Industries Limited. [2003 (10) TMI 255 (Tri)] it was held that claim for treatment of notional sales tax was capital receipt, thus not liable to tax - Further, CIT(A) had rightly held that it was not necessary to go into the alternative plea ... ... ...
2023 (9) TMI 180 - CESTAT CHENNAI SSI Exemption - clubbing of clearances of all the manufacturing units including one which is duty paying unit - value of clearances exceeded Rs.1.5 crores - mutuality of interest - HELD THAT:- N/N. 8/2003 grants exemption from payment of excise duty in case of Small Scale Industrial units whose value of clearances does not exceed Rs.1.5 crores. This exemption is subject to certain conditions. The SCN dt. 27.03.2014 alleges that the aggregate value of clearances made by Balaji Packagings (BPKG) f... ... ...
2024 (7) TMI 1340 - DELHI HIGH COURT Taxability of receipts in India - Income deemed to accrue or arise in India - receipts from Indian customers for services provided outside the territory of India - whether taxable u/s 9 (1) (vi) of the Income Tax Act, 1961 read along with Article 12 of the DTAA between India and Singapore - According to the appellants, the receipts become taxable under the Act since the services provided are liable to be viewed as being in connection with the use or right to use of process or equipment - Scope o... ... ...
2023 (6) TMI 1118 - ITAT BANGALORE Capitalisation of Salaries and Wages - HELD THAT:- As respectfully following the above judgment in assessee s own case for the AY 2015-16 [ 2022 (5) TMI 1560 - ITAT BANGALORE] in which the expenses incurred by the assessee have been held that these expenses are revenue in nature, the question of allowability of depreciation or the question of allowing it u/s 35(1)(iv) as Scientific research expenses shall become academic and we are not adjudicating them . Accordingly we partly allow the ground r... ... ...
2017 (5) TMI 1745 - ITAT MUMBAI Disallowance u/s 14A r.w.r. 8D - HELD THAT:- In the case of the assessee, the provisions of Section 14A r.w.r. 8D will not be applicable in regard to investments made in group concern i.e. subsidiary, associate concern etc. Accordingly, we remit the matter back to the file of the AO with a direction to re-compute the disallowance u/s 14A r.w.r. 8D after deleting investments made by the assessee in group concerni.e. subsidiary, associate concern etc for computing average value of investment. The ... ... ...
2014 (2) TMI 240 - ITAT HYDERABAD Addition to the income by way of brokerage – accrual of income - Held that:- The TDS certificates would not be a clinching material to determine the actual income assessable in the hands of the assessee - the CIT(A) while accepting the claims of the assessee with regard to the returned incomes for the years under appeal, also held at the same time that the assessee is eligible to claim credit for TDS only in respect of income offered for tax in the relevant year. In that process, the CIT(A) also... ... ...
2008 (12) TMI 247 - ITAT DELHI-H The Tribunal allowed the appeal, overturning the disallowance under Section 40(a)(ia) for failure to deduct tax at source, ruling that the arrangement constituted a sale contract, not a work contract. The disallowance of depreciation on goodwill was remanded for further examination to determine if it qualifies as an intangible asset. The issue of charging interest under Sections 234B, 234C, and 234D was returned to the Assessing Officer for recalculations in accordance with the law, providing the assessee with a fair opportunity to present their case.
2017 (8) TMI 167 - ITAT CHENNAI Disallowance of unrealised exchange loss - speculation loss OR business loss - Held that:- The similar issue came for consideration before this Tribunal in the case of Majestic Exports v. Joint CIT [2015 (7) TMI 936 - ITAT CHENNAI] wherein the issue stands covered in favour of the assessee. However, we make it clear that total transaction considered for determining this business loss from derivative transactions cannot be more than the total export turnover of the assessee for the assessment yea... ... ...
2019 (1) TMI 344 - ITAT JAIPUR Assessment u/s 153A - addition u/s 68 - unsecured loans as well as introduction of capital by the partners - Held that:- The transactions were duly recorded in the books of account and available with the AO. - Neither in the assessment order nor in the order of the ld. CIT (A) there is any mention or finding that the additions have been made by the AO on the basis of any incriminating material found during the course of search and seizure in the case of the assessee. The AO has solely relied upo... ... ...
2024 (2) TMI 90 - DELHI HIGH COURT Charge of criminal misconduct under the Prevention of Corruption Act, 1988 - illegal gratification demanded by and paid to senior Income Tax Officers - Framing of charges - HELD THAT:- The Supreme Court in ASIM SHARIFF VERSUS NATIONAL INVESTIGATION AGENCY [ 2019 (7) TMI 1546 - SUPREME COURT] expressed that the trial court is not expected or supposed to hold a mini trial for the purpose of marshalling the evidence on record. The Supreme Court in STATE VERSUS M.R. HIREMATH [ 2019 (5) TMI 1986 - SU... ... ...
2022 (5) TMI 1560 - ITAT BANGALORE Two different and contradictory computation sheets computing total income - HELD THAT:- As any one of them will only survive it is a matter requiring verification, we restore this matter to the file of AO for verifying the claim of the assessee. Since the assessing officer is required to give effect to the order passed by this Tribunal, the grievance of the assessee may get redressed at that stage. Nature of expenses - Capitalisation of Salaries and Wages - assessee herein has developed certain ... ... ...
2011 (3) TMI 598 - ITAT BANGALORE Assessee in default - TDS u/s 194C - Composite contract (indivisible contract) or separate contract - Held that:- when parties enter into two separate contracts, one for material and one for labour, the transaction would not be one and indivisible, but would fall into two separate agreements, one of work or service and the other of sale. In such case, as rightly highlighted by the assessee, the provisions of section 194C could apply only to the labour contract and not to the materials contract -... ... ...
FICCI-PRE-BUDGET-MEMORANDUM-2015-16 India's economic outlook improved in 2014-15, with GDP growth projected at 5.5-5.6%, up from below 5% in previous years. Inflation concerns eased, and the current account deficit was reduced. Export growth was steady, and foreign investment inflows increased significantly. The government introduced progressive policies to enhance the business environment, including infrastructure development, manufacturing support, and financial inclusion initiatives. The forthcoming budget aimed to boost demand and investments, with suggestions to extend investment allowances, support startups, and implement GST. The fiscal deficit was targeted to decrease, emphasizing revenue growth and efficient expenditure. The agriculture, chemicals, aviation, education, and healthcare sectors received specific recommendations for tax adjustments and policy reforms to support growth and competitiveness.
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