2016 (2) TMI 170 - ITAT MUMBAI
A.C.I.T. 19 (3) , Mumbai Versus M/s Pahilajrai Jaikishin and M/s Pahilajrai Jaikishin Versus D.C.I.T. 19 (3) , Mumbai
Disallowance u/s 14A - whether interest payable to partners on their capital u/s. 40 (b) is an expenditure of the firm instead of holding same as an allowance claimed by the assessee & therefore and does not fall within the ambit of section 14-A. ? - Held that - We hold that expenditure as envisaged by Section 14A of the Act, duly include interest paid to the partners by the assessee firm if the same is incurred in relation to the income whic.....
2016 (1) TMI 1084 - ITAT DELHI
NEC HCL System Technologies Ltd. Versus ACIT Circle-13 (1) New Delhi And Vica-Versa
Eligibilty to claim deduction u/s 10A - Set off loss of eligible unit against the business income of the assessee rejected - Held that - In the circular no. 7/DV/2013 FILE NO.279/MISC./M-116/2012-ITJ , DATED 16-7-2013 at para No. one that it has been brought to the notice of the Board that the provisions of 10A/10AA/10B/10BA of the Income-tax Act, with regard to applicability of Chapter IV of the Act and set off and carry forward of losses, are b.....
2016 (1) TMI 812 - DELHI HIGH COURT
The Principal Commissioner of Income Tax-6 Versus M. Tech India P. Ltd.
Disallowance u/s under Section 40(a)(i) and 40(a)(ia) - TDS on payment for Value Added Reseller (VAR) of software related to healthcare and hospitality. - as per revenue payments made by the Assessee were in the nature of royalty and, therefore, the Assessee was obliged to withhold tax on such payments - According to the Assessee, it had made those payments for the purchase of software and it was asserted that the Assessee is a Value Added Resell.....
2016 (1) TMI 814 - THE AUTHORITY FOR ADVANCE RULINGS NEW DELHI
Lead Counsel of Qualified Settlement Fund (QSF) , USA and Bernstein Litowsitz Berger and Grossmann LLP, New York, NY and Grant & Eisenhofer P.A., Wilmington, DE and Baroway Topaz Kessler Meltzer and Check, LLP, Radnor, PA and Labaton Sucharow LLP, New York, NY and Kessoer Topaz Meltzer & Check, LLP, Radnor
Taxability of Settlement amount - TDS u/s 195 - Settlement Fund payable under the Stipulation to the Qualified Settlement Fund - whether will be regarded as sum chargeable under the provisions of the Act in the hands of the QSF? - For the purposes of deducting tax at source under Section 195 of the Act on the transfer of the Settlement Amount to the QSF, whether Satyam can take into account the chargeability of the Settlement Amount in the hands .....
2016 (1) TMI 792 - THE AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Cummins Limited
Supply management service fees received - is in the nature of Fees for Technical Services or royalties within the meaning of the term in Article 13 of the India-UK double tax avoidance agreement ( India-UK treaty )? - concept of make available - Held that - The objection of the Revenue that the agreement entered into by the applicant with CTIL is a scheme for tax avoidance is without any merits. To say that the applicant has entered into contract.....
2016 (1) TMI 791 - THE AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Dow AgroSciences Agricultural Products Ltd.
Investment in equity shares of Dow Agrosciences India Private Limited - whether would be considered as capital asset under section 2(14) of the Act? - whether capital gains arising from the proposed transfer of shares of DAS India by the Applicant to DAS Singapore (a company proposed to be incorporated in Singapore), would be subject to tax in India? - Held that - There is no material before us to hold that the applicant has a PE in India and the.....
2016 (1) TMI 221 - ITAT CHENNAI
M/s. Treadsdirect Limited Versus The Joint Commissioner of Income Tax, Range-I, Coimbatore And Vica-Versa
Disallowance recoverable written off in the Profit and Loss Account - Held that - The assessee has been following the system of Accounting methodology which is accepted. Bad Debts occurred in the normal course of business and write off can be made after considering the recovery of Debtors becoming doubtful and the assessee has not squared off the debtors account. Under amended provisions of section 36(i)(vii) of the act effective from 1st April, .....
2015 (12) TMI 1286 - ITAT KOLKATA
DCIT, Circle-1, Kolkata Versus M/s. TIL Limited
TDS u/s 195 - Disallowance u/s 40(a)(ia) - payment of commission to a agent outside India - CIT(A) deleted the addition - Held that - In the present case, the asseessee produced all the evidences relating to the transactions it had with the party who procured the above said goods for food for Oil programme and all the payments were routed through valid channels by way of Banks where it is shown that the expenditure by way of commission incurred i.....
2015 (12) TMI 1078 - BOMBAY HIGH COURT
Commissioner of Income Tax-10 Versus Gujarat Reclaim & Rubber Products Ltd.
Commission payments made to nonresident sales agents - disallowance u/s 40(a)(i) - Held that - There was no occasion to deduct tax at source in respect of the payment made to the nonresident agent. The income of nonresident commission agent cannot be considered as income arising or accruing in India. Therefore, the provisions of Section 40(a)(i) would have no application for the two Assessment Years under consideration. Not only the entire issue .....
2016 (1) TMI 683 - ITAT AHMEDABAD
Deputy Commissioner Of Income Tax Versus Gujarat Borosil Ltd.
Disallowance u/s.43B - excise demand - CIT(A) deleted the addition - Held that - Once the company makes the payment, whether under protest or otherwise, by debting Profit & Loss account or by showing in the Balance Sheet or as contingent liability the same will be available as deduction u/s 43B on making payment. Further, in the case of Glaxo Smithline Consumer Healthcare Ltd. ITA 2007 (7) TMI 334 - ITAT CHANDIGARH it has been held that the S.....
2015 (12) TMI 635 - THE AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Satyam Computer Services Ltd. Hyderabad
Tds on penalty amount - whether the Penalty Amount payable pursuant to the Final Judgment/Decree of the US Court and paid to the Government of USA/US Court would be liable to tax deduction at source under the provisions of the Income-tax Act, 1961? - Held that - It is trite law that unless the payment made attracts the tax under the Income Tax Act, there would be no liability to deduct tax under Section 195 of the Income Tax Act. A penalty ordere.....
2016 (1) TMI 680 - ITAT MUMBAI
ADIT (IT) , 4 (1) , Mumbai Versus Leighton Welspun Contractors P. Ltd.
Penalty u/s Sec. 271C - non deduction of tds on five foreign remittances u/s 195 - (i) Engineering and Draughting services provided by AEC. - (ii) Payments for purchase of shrink wrapped software (i.e. standard computer software) - Held that - It is noted that there is huge controversy on this issue, and therefore, assessee placed reliance on the judgments which were in its favour including the judgment of Hon ble Supreme court in the case of Tat.....
2015 (12) TMI 1171 - ITAT CHENNAI
M/s Srivathsa Industries Versus The Assistant Commissioner of Income Tax, Business Circle XII, Chennai
Disallowance towards purchase of leather - Held that - Admittedly, the assessee engaged in the business of manufacturing and export of leather and leather garments. The assessee claimed before the Assessing Officer that it purchased leather to the tune of ₹ 2,00,292/-. The assessee filed copies of the books of account for the period 01.04.2009 to 31.03.2010 and 01.04.2010 to 31.03.2011. The Revenue authorities have not disputed the purchase.....
2015 (11) TMI 1447 - ITAT MUMBAI
Elve Corporation Versus Asst. CIT-12 (3) , Aayakar Bhavan, Mumbai And Vica-Versa
TDS u/s u/s. 195(2) - maintainability or otherwise in law of section 40(a)(i) payment on Freight - Held that - With regard to freight allowed to shipping companies, the matter, in our view, is squarely covered against the assessee by the decision in the case of Orient (Goa) (P.) Ltd. (2009 (10) TMI 575 - Bombay High Court ) wherein held that payment of demurrage charges, which assume the same nature as of freight charges, to a non-resident withou.....
2016 (1) TMI 177 - ITAT HYDERABAD
ACIT (TDS) Circle-2 (1) , Hyderabad Versus M/s. Planet Online P. Ltd. and M/s. Planet Online P. Ltd. Versus DCIT, Circle-15 (2) Hyderabad.
Tds u/s 194J - band width charges - non deduction of TDS - Held that - The band width charges are not liable for TDS under section 194J and dismiss the departmental appeal on this issue. - Decided in favour of assessee. BR BR TDS on Sodexo coupons given by an employer to the employee - Held that - As regards the applicability of TDS provisions to Sodexo Coupons is concerned, we find that this issue is covered in favour of the assessee by the deci.....