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Showing 41 to 60 of 1908 Records Search Text: tds delivery order charges |
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2012 (5) TMI 206 - ITAT AHMEDABAD Transfer pricing - Arm's Length price (ALP) - associated enterprises - Software Development Activity - selling agent (or markteing office) versus distributor - held that:- there was no direct evidence in the hands of the TPO to say that the assessee was simply a selling agent and that it appears that the TPO had proceeded on a presumption that the MUK has acted as a selling agent for the year under consideration. - His presumption is primarily based upon one fact that there was a fixed percentag... ... ...
2025 (6) TMI 1456 - ITAT AHMEDABAD The Tribunal allowed the assessee's appeals and dismissed the Revenue's appeals across multiple assessment years. The HC held that losses from NSEL platform transactions constituted legitimate business expenditure rather than speculative losses, as payments were made through banking channels between assessed parties. Debit notes raised by related party NKPL were allowed as genuine commercial adjustments under an MOU, not unexplained expenditure. Waiver of inter-corporate deposit principal was treated as capital receipt, not taxable income under Section 28(iv) or 41(1). Purchases of castor seeds were genuine transactions with payments through settlement accounts, not barter income. No disallowance under Section 14A was warranted absent exempt income, and brought forward losses were allowed for set-off.
2023 (3) TMI 809 - ITAT BANGALORE TP Adjustment - Adjustment determined in respect of warranty cost - Assessee provides telephonic support services for standard problems to the customers who purchase the products sold by DGBV in India - HELD THAT:- We notice that the coordinate bench of the Tribunal in assessee s own case [ 2022 (3) TMI 1511 - ITAT BANGALORE] for has considered the issue of adjustment towards warranty cost assessee is directed to demonstrate to the TPO that the above reimbursement has either been reduced from th... ... ...
2018 (5) TMI 703 - ITAT DELHI TDS u/s 194H - discounts allowed to the distributors on bulk sale of starter kits and recharge vouchers (RCVs) - tds liability - assessee in default - transaction on principal–to–principal basis or on principal-to-agent basis - Held that:- The transaction relating to commission is agreed between the assessee and the channel partner/distributor, but the assessee has not been able to address as to for which segment of business, both the parties agreed to pay and receive commission. In view of what... ... ...
2013 (11) TMI 564 - ITAT DELHI Permanent Establishment under Article 5 of the DTAA between India and U.S.A - Whether Appellant has a Permanent Establishment ( PE ) in India under Article 5 of the DTAA between India and U.S.A - CIT(A) held that assessee has a fixed place PE in India - Held that:- The employees of the assessee frequently visited the premises of CIS to provide supervision, direction and control over the operations of CIS and such employees had a fixed place of business at their disposal. CIS was practically the ... ... ...
2015 (7) TMI 1321 - ITAT BANGALORE TDS u/s 194H - Non-deduction of tax on discounts extended to distributors of prepaid simcard / talktime - HELD THAT:- In TATA TELESERVICES LTD. VERSUS DEPUTY COMMISSIONER OF INCOME-TAX (TDS). CIRCLE 18(1). BANGALORE [ 2013 (1) TMI 480 - ITAT BANGALORE] held that Section 194H of the Act is not applicable in similar type of transactions and deleted the action of the AO treating the assessee as one in default. However this Tribunal being a sub-ordinate body to the Hon ble jurisdictional High Court ... ... ...
2013 (1) TMI 623 - ITAT MUMBAI Disallowance of club membership fee - Held that:- It is clear from the details that the expenditure is only towards entrance fee, subscription and other services of the club. AO has allowed the expenditure incurred for the services availed from the club and has not doubted the payment of the entrance fee and service charges for the club membership. Therefore,no discrepancy in the details of the expenditure which is towards entrance fee and subscription of member ship and not for any resort. Thus... ... ...
2016 (10) TMI 1298 - ITAT PUNE Unexplained expenditure u/s 69C - unexplained expenditure of payment of kickbacks - assessee s name appears in the list mentioned in the Volcker Committee Report as a result of Independent Enquiry Committee (IEC) appointed by the United Nations Security Council to investigate the administration and management of Oil-for-Food Programme in Iraq - onus of proving such expenditure is actually incurred - HELD THAT:- Observations of VCR cannot be the basis for invoking the provisions of section 69C es... ... ...
2016 (6) TMI 174 - ITAT MUMBAI TDS u/s 194H - discount given to the distributors towards starter kits and recharge vouchers - Held that:- As far as sale of starter kit / sim card is concerned, it is purely a purchase / sale transaction on principal–to–principal basis and there is no relationship of agency. That being the case, the provisions of section 194H are not applicable. Thus provisions of section 194H is not attracted on the discount given on sale of pre–paid starter kit. Thus we set aside the impugned order of the lea... ... ...
2023 (12) TMI 1288 - CESTAT CHENNAI Failure to discharge service tax liability properly for the taxable services rendered - Business Auxiliary Services - Goods Transport Agency Services - short payment of service tax on Custom House Agency Services - Time Limitation - Suppression of facts or not - difference of opinion. HELD THAT:- In view of the difference of opinion between the Members of the Bench regarding Service tax payable on Business Auxiliary Service (BAS) and on Custom House Agent Service (CHA), the following issues whic... ... ...
2020 (10) TMI 1189 - ITAT DELHI NRI expenses - Ad hoc surmiseful addition of 20% - Assessee is a non-resident banking company which carries on the business of banking and other related activities through its branches in India in accordance with the provisions of Banking Regulation Act, 1949 - HELD THAT:- Revenue has allowed the complete expenses including the 20% expenses disallowed in the earlier years. Hence, this issue is no more res integra. The appeal of the assessee on this ground is allowed. Disallowance of Expenses - A... ... ...
2017 (1) TMI 1643 - ITAT MUMBAI Disallowing loss from sale of shares claimed to be set off against profit from sale of unit of UTI US-64 - whether the profit arising from the sale of units of UTI US-64 is speculative transaction in-term of Section 43(5) consequently, the profit is speculative profit or the business profit? - HELD THAT:- As decided in APOLLO TYRES LTD. VERSUS COMMISSIONER OF INCOME TAX [2002 (5) TMI 5 - SUPREME COURT] the deemed provision in Section 32(3) of the Act finds only to deeming the UTI a company and i... ... ...
2013 (4) TMI 755 - ITAT AMRITSAR The ITAT upheld the application of Section 194H to the transaction of prepaid vouchers, considering the margin as commission subject to TDS. It affirmed the Principal to Agent relationship between the company and distributors, emphasizing the agency role of distributors. The ITAT upheld the default in non-deduction of tax and interest charges. Additionally, it ruled that roaming charges paid to third-party service providers are subject to TDS under Section 194C. The ITAT dismissed all appeals, confirming the AO and CIT(A) orders for the assessment years 2006-07 to 2010-11.
2005 (11) TMI 202 - ITAT DELHI-F Contract For Sale Or Works Contract - whether outsourcing the manufacture of goods is a contract or purchase of goods ? - HELD THAT:- In the present case, the transfer of the property by the manufacturer as a finished article is as a chattel and the ownership passes on to the assessee only on taking the delivery of the goods and before the delivery of the goods the ownership remains with the manufacturer only. Therefore, necessarily following the above judgments in the case of State of AP vs. Ko... ... ...
2024 (5) TMI 833 - ITAT KOLKATA Nature of expenses - Expenditure on registration of new and existing patents - revenue or capital - HELD THAT:- The existing patents were registered in order to protect the assessee s interest in the said patents so that there is no infringement patents from any quarters. Similarly new patents were registered by the assessee to ensure the same are not used by any third party without any authorization and therefore these expenses has also been incurred by the assessee in order to protect the busi... ... ...
2021 (11) TMI 317 - ITAT DELHI Nature of receipt - suppliers credit received from various suppliers of aircraft - capital ad revenue receipt - HELD THAT:- As decided in own case [ 2017 (2) TMI 630 - ITAT DELHI ] the supplier s credit received by the assessee from various suppliers of aircrafts is a capital receipt. Accordingly, ground number 1 of the appeal of the learned assessing officer is dismissed. Whether the above receipt constituted receipt from exploitation of valuable commercial rights and chargeable to tax u/s 28 (... ... ...
2020 (3) TMI 43 - ITAT DELHI Income accrued in India - income in respect of off-shore supply of equipment - DTAA between India and Austria - (DTAA) between India and Austria - fixed place of business in India as per Article 5(2) - offshore supply of machinery - whether the two contracts constitute a composite contract as held by the Assessing Officer or whether the machinery supply contract was only offshore supply, independent of contract of supervision of erection of the machinery - HELD THAT:- The machinery components ha... ... ...
2019 (2) TMI 1535 - ITAT DELHI Addition on account of foreign exchange gain - Foreign Exchange Monetary Item Translation - foreign exchange gain on “Long Term Loan and Advance” - Accounting Standard-11 - Foreign Exchange Monetary Item Translation Difference account under the Head “Reserves and Surplus” - HELD THAT:- The loan given to AVML is a capital asset which helps in earning incidental interest income, which is also offered for taxation. Since the loan advanced was its long term asset i.e., on account of capital asset an... ... ...
2016 (10) TMI 807 - ITAT CHENNAI Nature of loss on sale of joint venture - allowability of the interest on borrowed funds - assessee borrowed the fund from the bank and lent it to its sister-concern, which is a wholly owned subsidiary - Held that:- The DRP for the assessment year 2008-09, held that loss arising out of transfer of 50% interest in the joint venture was a capital loss. Hence, subsequent reduction in this sale consideration from Rs. 13 crores to Rs. 9.5 crores would take the same character as capital loss only and ... ... ...
2016 (5) TMI 73 - ITAT KOLKATA Failure to deduct the TDS on the payment made to overseas entities for logistic services - concept of permanent establishment (PE) - Held that:- liability to deduct TDS arises ‘only if the tax is assessable in India’. Since tax was not assessable in India, there was no question of TDS being deducted by the assessee. With regard to countries in respect of which India has no DTAA, we find that It is an undisputed fact and law that the taxability of business profits earned by overseas countries in ... ... ...
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