2016 (5) TMI 31 - ITAT MUMBAI
DCIT-1 (3) , Mumbai Versus M/s. VJM Media (P) Ltd. and Vica-Versa
TDS u/s 194C - placing the magazines on the back of the seats of the aircraft - payment made by the assessee to KAL on account of sharing of incremental advertisement - Held that - The agreement between the two was on account of sharing of incremental advertisement only and nothing else. According to Ld. DR, displaying of magazine to the captive audience by KAL in its flight would itself fall within the definition of work . In this regard we beg to differ with the views of Ld. DR. The admitted facts are that KAL has purchased the magazines, which was a separate transaction and for which KAL ha ....... - .......
2016 (5) TMI 25 - ITAT CHENNAI
The Deputy Commissioner of Income Tax Officer, LTU Versus M/s. Alstom T & D India Ltd. [Formerly Areva T&D India Ltd.]
TDS u/s 195 - disallowance under section 40(a)(i) of the Act in respect of payment to non-resident for the purpose of testing charges - Held that - In the instant case, it is a fact that the export contracts are concluded in India and the assessee s products are sent outside India under these contracts. Further the manufacturing activity of the assessee is also located in India. The source of income is created at the moment when the export contracts are concluded in India. Even though the importer of the assessee s products is situated outside India, he is only the source of the monies receive ....... - .......
2016 (4) TMI 41 - ITAT MUMBAI
Hindustan Petroleum Corporation Limited Versus ADIT- (IT) - Range-3 (1) Mumbai
Business income/profits taxable in India as per the DTAA - payment made towards BEDS package for the refinery at Visakhapatnam - tds liability - whether payment is towards purchase of capital asset, that it was not for FIS, as contemplated under Article -12 of DTAA - Held that - If an assessee makes payment for basic engineering program or basic design to a non-resident entity and the supplier does not have a PE in India, such payments would not be taxed in India. If the assessee purchases BEDP out rightly it would amount to purchase of capital asset. But, if the payment is made for use of pro ....... - .......
2016 (4) TMI 1097 - ITAT MUMBAI
Smt. Aishwarya Rai Bachchan Versus Addl. Commissioner of Income Tax Range–2, Mumbai
Penalty under section 271C - Non deduction of TDS u/s 195 - DTAA between India U.S.A. - Held that - When the C.A. issued a certificate opining that there is no requirement for deduction of tax at source, assessee under a bonafide belief that withholding of tax is not required did not deduct tax at source on the remittances made. Though, this fact was brought to the notice of the Departmental Authorities in course of the penalty proceedings but due weightage has not been given to such contention of the assessee. In our view, the explanation submitted by the assessee is a valid explanation and c ....... - .......
2016 (4) TMI 590 - ITAT MUMBAI
Gujarat Pipavav Port Limited Versus Income tax Officer (Intl. Taxation) TDS-3, Mumbai
TDS u/s 195 - payments to non-resident entities - Taxability in India - withholding tax - payments made to Liftech as Royalty / Fees for Technical Services under Article12(3)(a) /12(4) of the India-USA Double Tax Avoidance Agreement ( DTAA ) - Held that - The definition of royalty under the DTAA under art. 12(3) useed the expression or for information concerning industrial, commercial or scientific experience ,that there was no parting of information concerning industrial, commercial or scientific experience by GIA when it issued the grading certificate,that under sub-cl. (4) the payments rece ....... - .......
2016 (4) TMI 428 - ITAT CHENNAI
M/s KPR Mill Ltd. Versus Deputy Commissioner of Income-Tax And Vica-Versa
Business loss - treated as speculation loss in stead of loss in foreign currency transactions - Held that - In the present case, it is admitted that the transaction carried out by the assessee does not fall in any exceptions provided above and it is not at all carried out through any recognized stock exchange. The claim of the assessee is rightly denied by the AO as well as by CIT (Appeals) as business loss, as there is no relationship with term loan availed by the assessee or interest payable on the said term loan with loss incurred by the assessee and in view of the judgment of the Bombay Hi ....... - .......
2016 (4) TMI 953 - ITAT MUMBAI
KPMG, Lodha Excelus Versus ACIT 11 (2) , Mumbai and Vica-Versa
TDS u/s 195 - Disallowance u/s. 40(a)(i) - professional fees paid outside India without deduction of tax at source - existence of PE in India - Held that - Looking into the nature of services rendered. It is seen that, firstly, none of these services fall in the nature of make-available of any technical knowledge, experience, skill, know-how or process. The provisions of Indo-U.S. and U.K. treaties are absolutely clear that in case of fees for technical services, it is essential that technical knowledge, skill, know-how should be made available to the assessee and the assessee should be at lib ....... - .......
2016 (3) TMI 680 - ITAT DELHI
Bharti Airtel Limited Versus ITO (TDS) , Ward 1 (1) , New Delhi and vica-Versa
Fee for Technical Services - Payment of IUC by assessee to FTOS - Held that - No hesitation in upholding the submissions of the Ld. Counsel of the Assessee that, the payment in question cannot be considered as Fee for Technical Services in terms of section 9(1)(vii) read with Expln. 2 of the Act as inter connection facility and the service of the FTO in picking up, carrying and successful termination the call over their respective network is a standard facility and the and FTO in question does not render any technical services to the assessee under interconnect agreement. - Existence of make a ....... - .......
2016 (4) TMI 589 - ITAT HYDERABAD
GVK Oil and Gas Limited Versus The ADIT (Intl. Taxation) -I, Hyderabad
TDS u/s 195 - Royalty receipt - nature of the payment made by the assessee to M/s. GX Technology Corporation, USA and M/s. GGS Spectrum Limited, UK - tds liability - Indo-US DTAA - Held that - All that is provided by the licensor is the Data relating to the geophysical and geological information about the east and west coast of India and is not responsible for the accuracy or usefulness of such Data. Thus, it is clear that licensors have only made available the data acquired by them and available with them but are not making available any technology available for use of such data by the assess ....... - .......
2016 (4) TMI 566 - ITAT MUMBAI
Dy. Commissioner of Income Tax-7 (1) , Mumbai Versus M/s Zodiac Clothing Co. Ltd.
TDS u/s 195 - Addition made by the AO u/s 40(a)(i) - non deduction of tds - neither the assessee obtained TDS certificate from the department u/s 195(2) nor the TDS was deducted - Held that - We find that the assessee has paid commission to a person who is non-resident. As per the CBDT Circular 786 dated 7.2.2000, if a pe ....... - .......
2016 (3) TMI 244 - ITAT KOLKATA
DCIT, Circle-4, P-7, Kolkata Versus M/s Gillanders Arbuthnot & Co. Ltd.
Allowance of puja expense and temple expenses - whether such expenses are non-business expenditure? - Held that - We find that the puja expense incurred on occasion of Diwali and Mahurat are customary expenses and going by the turnover of the assessee-company and the nature of the business of the assessee, we feel that these are incurred for the harmony of the assessee-company s employees and these are for the purpose of business. Similar are the reasons for incurring temple expense. Hence expenditure allowed - Decided in favour of assessee - Addition made on account of cess on green leaf - He ....... - .......
2016 (3) TMI 280 - ITAT MUMBAI
M/s. Capgemini Business Services (India) Ltd. Versus Assistant Commissioner of Income Tax-1 (2) , Mumbai
Transfer pricing adjustment - selection of comparable - Held that - Direct the AO to exclude Vishal International Technology Ltd. and Mold-Tek Technologies Ltd. while determining the arm s length price of the assessee relating to the transactions with its AEs. - Disallowance of club entrance fees - the assessee has made a claim that the special membership would help in building better relationship with clients - Held that - Hon ble Punjab & Haryana High Court in the case of CIT vs. Groz Beckert Asia Ltd. reported as (2013 (2) TMI 375 - PUNJAB & HARYANA HIGH COURT ), wherein held that n ....... - .......
2016 (3) TMI 735 - BOMBAY HIGH COURT
Director of Income Tax (IT) -I, Mumbai Versus M/s Credit Lyonnais
Tds u/s 195 - Held that - As no income has accrued or arisen to the non-resident sub-arrangers in India, the question of deduction of tax under section 195 of the Act will not arise. This is in addition to a possible view on facts taken by the impugned order that the services rendered by non-resident sub-arrangers to the Respondent Assessee would not fall within the category of managerial, technical or consultancy services in terms of the Explanation (2) to section 9(1) (vii) of the Act so as to deemed to accrue or arise in India. - Decided in favour of assessee - Mobilization of IMD - whether ....... - .......
2016 (3) TMI 920 - ITAT MUMBAI
ACIT, Cir. 6 (3) , Mumbai Versus M/s Lehman Brothers and Advisors P Ltd
Disallowance of reimbursement of expenses - non deducted tax at source with regard to such payments - withholding of tax - Held that - FAA had rightly held that section 40(a)(i)had no role to play regarding the payments made by the assessee to overseas companies. Secondly, services in the nature of recruitment or placement agency do not come under the purview of fees for included services within the meaning of Art.12(4)(b)of the DTAA. - We would also like to mention that the retrospective amendment to section 9 cannot change the tax withholding liability with retrospective effect. In the cases ....... - .......
2016 (2) TMI 668 - ITAT KOLKATA
M/s. Linde India Limited (formerly known as BOC India Limited) , D.C.I.T, Cir-12, Kolkata Versus Addl. CIT, Range-12, Kolkata, M/s. Linde India Limited (formerly known as BOC India Limited)
Applicability of TDS provision - Disallowance u/s 40(a)(ia) - payment made on account of offshore supply of equipments - Held that - We hold that the provisions of section 40(a)(ia) of the Act are applicable only in the cases where any interest, commission or brokerage, rent, royalty, fees for professional services or fees for technical services has been paid or payable to a resident. In the case of assessee company, the payments were made to a non resident German company, the fact which is undisputed on record. Hence, the provisions of section 40(a)(ia) cannot be invoked in this case. As the ....... - .......