Income Tax Appellate Tribunal Case Commentaries

Apportionment of Expenses under Section 14A and Rule 8D: Insights from ITAT Jaipur's Ruling in Kulshrestha v. ITO

Date: Mar 10, 2020

Apportionment of Expenses under Section 14A and Rule 8D: Insights from ITAT Jaipur's Ruling in Kulshrestha v. ITO Introduction The case of Shri Sanjay Prakash Kulshrestha, Jaipur v. Income Tax...

Clarification on Deemed Dividend under Section 2(22)(e) of the Income Tax Act: ACIT's Ruling in Mumbai v. Jasubhai Engineering P. Ltd.

Date: Mar 7, 2020

Clarification on Deemed Dividend under Section 2(22)(e) of the Income Tax Act: ACIT's Ruling in Mumbai v. Jasubhai Engineering P. Ltd. Introduction The case of ACIT 1(2)(1), Mumbai v. Jasubhai...

Non-Technical Services Exempt from TDS under Section 195: M/s D&H Secheron Electrodes Pvt. Ltd v. ITO

Date: Mar 7, 2020

Non-Technical Services Exempt from TDS under Section 195: M/s D&H Secheron Electrodes Pvt. Ltd v. ITO Introduction The case of M/s D&H Secheron Electrodes Pvt. Ltd v. ITO (IT & TP), Bhopal...

Clarification on Finance Lease Treatment for Banks under RBI Guidelines and Income Tax Act: Analysis of State Bank of India v. Additional CIT Mumbai

Date: Mar 7, 2020

Clarification on Finance Lease Treatment for Banks under RBI Guidelines and Income Tax Act State Bank of India v. Additional CIT Mumbai Court: Income Tax Appellate Tribunal, Mumbai Date: March 6,...

Arm's Length Price Adjustment and Expenditure Disallowance: Insights from M/s. Corbus (India) Pvt. Ltd. vs. DCIT, New Delhi

Date: Mar 6, 2020

Arm's Length Price Adjustment and Expenditure Disallowance: Insights from M/s. Corbus (India) Pvt. Ltd. vs. DCIT, New Delhi Introduction The case of M/s. Corbus (India) Pvt. Ltd. versus the Deputy...

Tribunal Upholds DTAA Benefits Despite Absence of Tax Residency Certificate: Sreenivasa Reddy Cheemalamarri v. Income Tax Officer

Date: Mar 6, 2020

Tribunal Upholds DTAA Benefits Despite Absence of Tax Residency Certificate: Sreenivasa Reddy Cheemalamarri v. Income Tax Officer 1. Introduction The case of Sreenivasa Reddy Cheemalamarri vs. Income...

Extentia Information Technology Pvt. Ltd. v. Deputy Commissioner of Income-tax: Clarifying TPO Jurisdiction under Section 92CA

Date: Mar 5, 2020

Extentia Information Technology Pvt. Ltd. v. Deputy Commissioner of Income-tax: Clarifying TPO Jurisdiction under Section 92CA Introduction The case of M/s Extentia Information Technology Pvt. Ltd.,...

Invalidity of Reassessment Orders Without Statutory Notice under Section 143(2)

Date: Feb 29, 2020

Invalidity of Reassessment Orders Without Statutory Notice under Section 143(2) Introduction The case of M/s Radhe Sham Jain Diamonds Jewellers Pvt. Ltd., Ludhiana v. DCIT, CC-III, Ludhiana...

Interest Liability under Section 201(1A) for Non-Deduction of TDS on Lease Payments: Insights from Prateek Buildtech v. ACIT

Date: Feb 29, 2020

Interest Liability under Section 201(1A) for Non-Deduction of TDS on Lease Payments: Insights from Prateek Buildtech (India) Pvt. Ltd. v. ACIT Introduction The case of Prateek Buildtech (India) Pvt....

Affirmation of Working Capital Adjustments in TNMM and Criteria for Comparable Selection in Transfer Pricing – Yahoo Software Development India Pvt. Ltd. v. Deputy Commissioner of Income Tax

Date: Feb 29, 2020

Affirmation of Working Capital Adjustments in TNMM and Criteria for Comparable Selection in Transfer Pricing Introduction In the case of M/s Yahoo Software Development India Private Limited,...

Section 68 of the Income Tax Act Not Applicable in Share Swapping Transactions: Blooming Tradelink (P) Ltd. vs. ITO

Date: Feb 29, 2020

Section 68 of the Income Tax Act Not Applicable in Share Swapping Transactions: Blooming Tradelink (P) Ltd. vs. ITO Introduction The case of Blooming Tradelink (P) Ltd. versus Income Tax Officer...

Assessing Officer's Jurisdiction in Limited Scrutiny Cases: Insights from Shri Sita Ram Swami v. ITO, Jaipur

Date: Feb 28, 2020

Assessing Officer's Jurisdiction in Limited Scrutiny Cases: Insights from Shri Sita Ram Swami v. ITO, Jaipur Introduction The case of Shri Sita Ram Swami v. ITO, Ward-4(5), Jaipur adjudicated by the...

National Crime Investigation Bureau v. Commissioner Of Income Tax: Stringent Criteria for 12AA and 80G Registration

Date: Feb 28, 2020

National Crime Investigation Bureau v. Commissioner Of Income Tax: Stringent Criteria for 12AA and 80G Registration Introduction The case of National Crime Investigation Bureau (NCIB) v. Commissioner...

Mandatory Application of Mind in Reassessment Proceedings: A Landmark Decision in Akg Securities & Consulting Ltd. v. CIT

Date: Feb 28, 2020

Mandatory Application of Mind in Reassessment Proceedings: A Landmark Decision in Akg Securities & Consulting Ltd. v. CIT Introduction The case of Akg Securities & Consulting Ltd. v. Commissioner of...

Restricting Profit Element on Bogus Purchases: Insights from Kamlesh Manohar Kanungo v. DCIT

Date: Feb 28, 2020

Restricting Profit Element on Bogus Purchases: Insights from Kamlesh Manohar Kanungo v. DCIT Introduction The case of Kamlesh Manohar Kanungo v. Dy. CIT, CC-1(4), Mumbai (ITA Nos. 2060 &...

ITAT Visakhapatnam Upholds Non-Taxability of FTS Income under DTAA Absent a PE: Paramina Earth Technologies Inc. v. DCIT

Date: Feb 27, 2020

ITAT Visakhapatnam Upholds Non-Taxability of FTS Income under DTAA Absent a PE: Paramina Earth Technologies Inc. v. DCIT Introduction The case of Paramina Earth Technologies Inc. (PET) versus the...

Tribunal Upholds Capital Nature of Share Premium, Not Taxable Under Section 68

Date: Feb 25, 2020

Tribunal Upholds Capital Nature of Share Premium, Not Taxable Under Section 68 Introduction The case of Income Tax Officer-1(3)(2), Mumbai v. Singhal General Traders Private Limited, Mumbai...

Reclassification of Advance Payments in Property Development Agreements: Insights from Sh. Jeet Ram v. ITO, Gurgaon

Date: Feb 25, 2020

Reclassification of Advance Payments in Property Development Agreements: Insights from Sh. Jeet Ram v. ITO, Gurgaon Introduction The case of Sh. Jeet Ram, New Delhi v. ITO, Gurgaon deliberated on the...

Reaffirming the Importance of Proper Invocation of Section 145(3) in Income Tax Assessments: A Commentary on ITO, New Delhi v. Sh. Sunil Nayyar, Delhi

Date: Feb 25, 2020

Reaffirming the Importance of Proper Invocation of Section 145(3) in Income Tax Assessments: A Commentary on ITO, New Delhi v. Sh. Sunil Nayyar, Delhi Introduction The case of ITO, New Delhi v. Sh....

Clarifying the Scope of Undisclosed Income under Section 271AAB: Insights from Shri Prakash Chand Surana v. DCIT

Date: Feb 25, 2020

Clarifying the Scope of Undisclosed Income under Section 271AAB: Insights from Shri Prakash Chand Surana v. DCIT Introduction The case of Shri Prakash Chand Surana, Jaipur v. Deputy Commissioner of...