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Interesting and Noteworthy Decisions
Interesting and Noteworthy Decisions
Intra-head set off of loss of Permanent Establishment (PE) from presumptively taxed FTS (Fee for Technical Services) income under section 44D
Income Tax
TaxPub Creative Cell
Lease equalization expense on straight lining of rental leases in the hands of the lessee
Income Tax
TaxPub Creative Cell
Expense allocation between Agricultural and non-Agricultural income
Income Tax
TaxPub Creative Cell
Transfer pricing adjustments in Tonnage Tax scheme - Feasibility
Income Tax
TaxPub Creative Cell
Set-off of Short term capital loss arising out of STT paid (15%) losses against non-STT paid Short term capital gains (30% tax rate) - Priority of set-offs
Income Tax
TaxPub Creative Cell
Conversion of Stock-in-trade into capital asset prior to assessment year 2018-19 and sale thereon - Indexation benefit availability from the year of acquisition
Income Tax
TaxPub Creative Cell
Taxability of Surrender value of ULIP policy prior to Finance Act, 2021 - Whether income from capital gains or other sources
Income Tax
TaxPub Creative Cell
CSR expenses whether disallowable under MAT computation
Income Tax
TaxPub Creative Cell
Compensation for right to sue whether a capital asset taxable as capital gains
Income Tax
TaxPub Creative Cell
Fee for payment of satellite transponders/sat com charges - Whether royalty or business income - Indo Dutch DTAA - Article 12
Income Tax
TaxPub Creative Cell
Taxability of short term capital gains from equity/debt mutual funds in the hands of a non-resident
Income Tax
TaxPub Creative Cell
Issue of equity and preference shares at a premium and redemption of preference shares - Addition under section 68
Income Tax
TaxPub Creative Cell
Trust managed Credit guarantee fund - Accounting thereof
Income Tax
TaxPub Creative Cell
Deduction under section 80IA(4)(iv) arising out of a gift from a group company in turn acquired via a slump sale
Income Tax
TaxPub Creative Cell
Grandfathering long capital gains whether not to be taken for computation of set-off of losses - Indo-Mauritius DTAA - Article 13(4)
Income Tax
TaxPub Creative Cell
Transfer of tenancy rights or leasehold rights in perpetuity for 999 years
Income Tax
TaxPub Creative Cell
Indo-Ireland Treaty - taxing rights of short term capital gains on rights issue of shares under Article - 13(5) v. 13(6)
Income Tax
TaxPub Creative Cell
Step-sister (half-sister) and Step-brother (half-brother) are they relatives under section 56(2)(vii)
Income Tax
TaxPub Creative Cell
Relief of Tax credit on US State Income taxes under section 91
Income Tax
TaxPub Creative Cell
Chargeability for mineral exploration activities whether under section 44BB or 44D
Income Tax
TaxPub Creative Cell
DO fee to airline whether eligible for relief under Article 8 of the DTAA (international airline business)
Income Tax
TaxPub Creative Cell
TDS under section 194IA - Limit of Rs. 50 lakhs how reckoned
Income Tax
TaxPub Creative Cell
Reinvestment under section 54F in the name of mother on sale of an unpartitioned property by her son
Income Tax
TaxPub Creative Cell
Validity of a rectification under section 154 passed by AO on a section 143(1) order arising out of a scrutiny assessment under section 143(3)
Income Tax
TaxPub Creative Cell
Shipping line business - Exclusive and non-exclusive agent of a non-resident shipping line - Country of DTAA applicability
Income Tax
TaxPub Creative Cell
Attribution of profit - Income bifurcation between a Project PE and its Offshore Head office as business profits and Fee for Technical Services
Income Tax
TaxPub Creative Cell
Applicable capital gains tax rate for Market linked debentures
Income Tax
TaxPub Creative Cell
Set off of carry forward of capital gains and losses - Indo-Mauritius DTAA - Article 13(3)/(4)
Income Tax
TaxPub Creative Cell
Levy of penalty for delayed payment of TDS under section 271C and under section 272A(2)(g)
Income Tax
TaxPub Creative Cell
Interest on refund arising out of refund of Dividend Distribution tax
Income Tax
TaxPub Creative Cell
Specified Domestic Transactions (SDT) section 92CB - Power transfer by a section 80IA eligible unit to a non-eligible unit.
Income Tax
TaxPub Creative Cell
PCIT revision on ESOP scheme push down costs from Mauritian parent
Income Tax
TaxPub Creative Cell
Credit of TCS of minor in the hands of the parent on clubbed income - Retrospectivity of amendment in 206C (enacted with effect from 1-1-2025)
Income Tax
TaxPub Creative Cell
Set off of brought forward business loss against deemed short term capital gain under section 50
Income Tax
TaxPub Creative Cell
Deductibility of Reverse charge service tax paid as contractual obligation - Whether hit by Expln. 1 to section 37 when the original liability was not discharged
Income Tax
TaxPub Creative Cell
Transfer of Intangible assets acquired prior to 1998 - Whether short term or long term capital gains
Income Tax
TaxPub Creative Cell
Notional addition arising out of waived off interest on Compulsorily Convertible Debentures
Income Tax
TaxPub Creative Cell
Taxability of subsidy
Income Tax
TaxPub Creative Cell
TP additions of captive BPO being wound up
Income Tax
TaxPub Creative Cell
Interest paid on part of the slump-sale acquisition consideration - allowability thereof - revenue or capital expenditure
Income Tax
TaxPub Creative Cell
Sustainability of Deemed dividend additions under section 2(22)(e)
Income Tax
TaxPub Creative Cell
Permissibility of Assessee claiming old regime in filed return despite filing Form 10-IE applying for new regime
Income Tax
TaxPub Creative Cell
Interest paid for acquiring house property whether indexed cost of improvement allowable as a deduction for capital gains?
Income Tax
TaxPub Creative Cell
TP additions - Base erosion concept - Mirror imaging ALP - Price reworking based on fixed and variable components
Income Tax
TaxPub Creative Cell
High Seas sale whether speculative in nature under section 43(5)
Income Tax
TaxPub Creative Cell
TP additions on devolved corporates guarantees as loans to AE and benchmarking ALP at LIBOR + spread
Income Tax
TaxPub Creative Cell
Project PE - Indo-US DTAA - Article 5(2)(k) - Disallowance for non-deduction of TDS
Income Tax
TaxPub Creative Cell
Additions under section 69, 69A (Unexplained investments and Unexplained monies) in the hands of non-resident for monies transferred via NRE account and in turn into further investments, immovable property into India and spends thereto
Income Tax
TaxPub Creative Cell
Exemption under section 10AA consequential to APA proceedings for ALP under TP
Income Tax
TaxPub Creative Cell
Buyback of shares of a closely held company - tax planning or tax evasion?
Income Tax
TaxPub Creative Cell
Order of Set off of short term capital losses between STT paid and non-STT paid
Income Tax
TaxPub Creative Cell
TP additions of price difference arising out of Sale through an AE vis a vis the same sale directly to a third party
Income Tax
TaxPub Creative Cell
Additions under section 28(iv) for issue of shares at par instead of premium in the hands of promoter businessman
Income Tax
TaxPub Creative Cell
Allowability of loss on Securitization of Non-performing asset
Income Tax
TaxPub Creative Cell
Substitution of Stamp value under section 50C in place of a depreciable asset sold under section 50 for disallowing depreciation on WDV
Income Tax
TaxPub Creative Cell
Chargeability of Interest under section 234-A where self-assessment tax is paid before late filing of return
Income Tax
TaxPub Creative Cell
Sustainability of additions due to embezzlement by employee
Income Tax
TaxPub Creative Cell
AOP Taxation - Applicability of Maximum Marginal Rate
Income Tax
TaxPub Creative Cell
Inclusion of insurance claim in the WDV of tangible assets arising out of business acquisition.
Income Tax
TaxPub Creative Cell
Inclusion of retention money under section 80IA deduction post ICDS section 43CB
Income Tax
TaxPub Creative Cell
Limitation time limit amendment in section 201 whether retrospective
Income Tax
TaxPub Creative Cell
Income from rubber - Sale of old rubber trees - Whether excluded from MAT computation as capital receipt/agricultural income?
Income Tax
TaxPub Creative Cell
Forward Foreign Currency Exchange Contracts (FCC) - Treatment in the hands of a FII
Income Tax
TaxPub Creative Cell
Substance over form of IP ownership - Attribution of Software right income in India - Indo-Austrian DTAA Article 13
Income Tax
TaxPub Creative Cell
Concealment penalty levied under section 271(1)(c) on account of slump sale under section 50B
Income Tax
TaxPub Creative Cell
Taxability of surrendered key man insurance policy under section 28(vi)
Income Tax
TaxPub Creative Cell
Transfer of lands to partners at acquired value - Taxability under section 45(4) in the hands of the firm
Income Tax
TaxPub Creative Cell
Option to avail - New regime of taxation under section 115BAC - Filing of form 10-IE in earlier assessment year
Income Tax
TaxPub Creative Cell
Section 40(a)(i) disallowance on depreciation on computer software
Income Tax
TaxPub Creative Cell
Admittance of accommodation entry of capital gains under section 68 - taxability explained in both parties hands
Income Tax
TaxPub Creative Cell
cquisition of properties by a related party entity with constructive possession and consideration preceding the registration/conveyance
Income Tax
TaxPub Creative Cell
Conversion of capital asset into stock-in-trade and then sold - Reinvestment under section 54B and 54F limitation time to be counted from date of conversion or date of transfer?
Income Tax
TaxPub Creative Cell
Disallowance of Tax exempt Dividend from MF under section 10(35) and business losses arising whether sustainable due to frauds at the Mutual fund house
Income Tax
TaxPub Creative Cell
Fair valuation of Assets post Scheme of Arrangement approved by high court whether addition sustainable as revaluation adjustments under MAT provisions under section 115JB
Income Tax
TaxPub Creative Cell
Invoking section 263 in a case involving section 45(5A)
Income Tax
TaxPub Creative Cell
Taxability of voluntary compensation paid on employee severance under section 17(3) read with 56(2)(xi) (with effect from 1-4-2019)
Income Tax
TaxPub Creative Cell
Interest on refund arising out of self-assessment tax whether hit by proviso to section 244(I)(aa)
Income Tax
TaxPub Creative Cell
Reconstitution of firm amongst partners and then conversion of firm into Company under section 47(xiii)
Income Tax
TaxPub Creative Cell
Allowance of interest paid on customs duty due to infraction of law under section 37(1) read with Explanation 1 & 3
Income Tax
TaxPub Creative Cell
Real estate development business - Assessee holding unsold inventory as stock in trade - Notional annual letting value
Income Tax
TaxPub Creative Cell
Conversion of Pvt. Co. Into LLP and the resultant gain being reinvested in two adjoining residential properties and claim under section 54F citing it to be one property
Income Tax
TaxPub Creative Cell
Income from cultivation of white button mushrooms - Whether agricultural income under section 2(IA)?
Income Tax
TaxPub Creative Cell
Change in Accounting method for loose tools from amortization to consumption method for bonafide reasons
Income Tax
TaxPub Creative Cell
US LLC - Pass through entity - Whether entitled to concessional rate under Indo-US DTAA Article 12
Income Tax
TaxPub Creative Cell
Amalgamation under section 2(IB) - Corporate reorganization of two level downstream subsidiary - Taxability
Income Tax
TaxPub Creative Cell
Tax rate for deemed capital gain under section 50 on depreciable long term capital assets whether to be as per section 112 and not as per short term capital gains applicable rates
Income Tax
TaxPub Creative Cell
Non-resident taxation - DTAA - tie breaker test application
Income Tax
TaxPub Creative Cell
Disallowance under section 54F citing assessee already owned a house property as stock-in-trade and agricultural lands
Income Tax
TaxPub Creative Cell
Deduction of TDS v. non-receipt of income - whether taxable?
Income Tax
TaxPub Creative Cell
Default for non-deduction of TDS under section 194IA on purchase of immovable property with multiple sellers not crossing the TDS threshold
Income Tax
TaxPub Creative Cell
Sale of tenancy rights - whether taxable capital gains
Income Tax
TaxPub Creative Cell
ADR redemption via broker by a non-resident - non-granting of TDS credit
Income Tax
TaxPub Creative Cell
Granting of Tax credit despite default of non-payment of TDS by deductor
Income Tax
TaxPub Creative Cell
Claiming CSR spends under section 80G
Income Tax
TaxPub Creative Cell
Compensation from builder for delayed handing of flat whether interest taxable under income from other sources?
Income Tax
TaxPub Creative Cell
Compensation from builder for delayed handing of flat whether interest taxable under income from other sources?
Income Tax
TaxPub Creative Cell
Allowability of interest under section 24(b) on amounts borrowed to pay to clear tenancy right ownership
Income Tax
TaxPub Creative Cell
Growing of banana plants in lab - whether agricultural income?
Income Tax
TaxPub Creative Cell
Reinvestment benefit under section 54F for investment in the name of assessee`s son
Income Tax
TaxPub Creative Cell
MAT computation whether set off of MAT credit is first and then surcharge and cess needs to be calculated or whether first surcharge and cess needs to be calculated and then MAT credit set off be allowed
Income Tax
TaxPub Creative Cell
Buyback taxation under section 115QA read with section 34A & 46A - loss on buy back- penalty levy
Income Tax
TaxPub Creative Cell
Section 234E levy whether mandatory?
Income Tax
TaxPub Creative Cell
MAT levy in the case of a company under liquidation
Income Tax
TaxPub Creative Cell
Taxability of compensation received for sale of Trademark
Income Tax
TaxPub Creative Cell
Capital gains taxability of property being exchanged as a compromise for failure to transfer certain properties
Income Tax
TaxPub Creative Cell
Penalty for concealment under section 271(1)(c) for receipt of compensation for loss of business/income source
Income Tax
TaxPub Creative Cell
Slump sale - expenses after commencement of business v. preliminary expenses
Income Tax
TaxPub Creative Cell
Deduction under section 57 apportionment - criteria etc.
Income Tax
TaxPub Creative Cell
Non-granting of TDS credit due to credit notes issued subsequent to invoices being raised
Income Tax
TaxPub Creative Cell
Share swap ratio in a merger - Taxability under section 28(iv)
Income Tax
TaxPub Creative Cell
Mistaking Hungarian Forint (HUF) as Hindu Undivided Family (HUF)
Income Tax
TaxPub Creative Cell
Claim of lease rent directly only in income tax return
Income Tax
TaxPub Creative Cell
Taxability of interest on arbitral award received in India arising out of international arbitration
Income Tax
TaxPub Creative Cell
Additions for purchase of Tenancy rights whether sustainable under section 56(2)(x)
Income Tax
TaxPub Creative Cell
Additions under section 56(2)(viib) - valuation of a holding company having an offshore property
Income Tax
TaxPub Creative Cell
Fiduciary relationship and Long term capital gains arising thereto
Income Tax
TaxPub Creative Cell
Performance guarantee given in infrastructure business to AE`s - TP additions thereto
Income Tax
TaxPub Creative Cell
Reinvestment under section 54F should it be based on actual consideration or deemed consideration under section 50C?
Income Tax
TaxPub Creative Cell
Interest paid to China Development Bank (CDB) whether covered by Article 11(3) exemption as a wholly Govt. owned financial institution of Indo-China DTAA
Income Tax
TaxPub Creative Cell
Access to online journals/database whether royalty/FIS as per Article 12 of the Indo-US DTAA
Income Tax
TaxPub Creative Cell
House property or business income
Income Tax
TaxPub Creative Cell
Taxability of AOP in the hands of the indeterminate beneficiaries of a Trust as representative assessee - Trust arising out of a Will
Income Tax
TaxPub Creative Cell
Payment for IT services rendered from India to its offshore AE subsidiaries for offshore customer service delivery - Taxability
Income Tax
TaxPub Creative Cell
Reopening of case for not considering DVO report under section 142A - Non-cooperation of assessee
Income Tax
TaxPub Creative Cell
Failure to disclose exempt agricultural income (mushroom farming) in exempt income schedule of return - Whether rectification possible under section 154
Income Tax
TaxPub Creative Cell
AOP taxation under section 167B(2)(ii) read with CBDT Circular No. 551 dated 23-01-1990
Income Tax
TaxPub Creative Cell
Deemed house property income from vacant property/space in a mall
Income Tax
TaxPub Creative Cell
Freight Networking charges in international freight forwarding/logistics business - Indo-Dutch DTAA - Royalty/FTS
Income Tax
TaxPub Creative Cell
Treatment of prepaid finance charges - Whether to be amortized or charged off in the year of incurring as expense?
Income Tax
TaxPub Creative Cell
Award to sportsmen - Whether exempt?
Income Tax
TaxPub Creative Cell
Reinsurance/insurance business - Reserve for Unexpired risks - Whether to be treated as unascertained liability to be added for MAT purposes
Income Tax
TaxPub Creative Cell
Spread over of expenditure over many years but TDS effected in one year - Disallowance for non-deduction of TDS under section 40(a)(ia)
Income Tax
TaxPub Creative Cell
Voluntary payment upon cessation of employment - Whether profit in lieu of salary taxable under section 17(3)(i)
Income Tax
TaxPub Creative Cell
Simultaneous claiming of reinvestment benefit under section 54 and 54F
Income Tax
TaxPub Creative Cell
Trust taxation of Category - III - SEBI AIF - Thereto
Income Tax
TaxPub Creative Cell
Additions under section 45(4) on revaluation of land in the hands of a partnership firm by CIT(A) for the first time
Income Tax
TaxPub Creative Cell
Additions made via Mutual Agreement Procedure (MAP) under Article 27 of Indo-US DTAA and allowability of Deduction under section 10A thereto post facto such additions
Income Tax
TaxPub Creative Cell
Attribution of income citing DAPE presence for period prior to global acquisition happening
Income Tax
TaxPub Creative Cell
Contingent consideration arising out of business transfer/sale - whether taxable in the year of actual receipt or in the year of transfer
Income Tax
TaxPub Creative Cell
Reinvestment in residential house in Canada whether covered under section 54/54F
Income Tax
TaxPub Creative Cell
Non-filing of Form 10-IE under new regime of taxation without business income Assessment Year 2023-24 - Applicability of new regime thereto
Income Tax
TaxPub Creative Cell
Disallowance under section 36(1)(va) read with 2(24(x) on NPS employee dues
Income Tax
TaxPub Creative Cell
Reopening by CIT of an international shipping line citing profit attribution was not done as per Section 44B but at a lower than the presumptive rate under section 44B (7.5%)
Income Tax
TaxPub Creative Cell
Venture capital fund Trust - Whether entitled to exemption under section 10(38) on purchase of unlisted shares where no STT was applicable but sold on the stock exchange when STT was applicable
Income Tax
TaxPub Creative Cell
Levy of tax at 40% instead of Section 115BAA(5) at 22%
Income Tax
TaxPub Creative Cell
Addition under section 69A as unexplained money read with 115BBE - Israeli national not having any business in India but simply investing in India by repatriating money from Hong Kong
Income Tax
TaxPub Creative Cell
Growing banana plants in laboratory using tissue culture - Whether agricultural income
Income Tax
TaxPub Creative Cell
Payment to an offshore entity for Software training expenses for a business outside India - Disallowance due to non-deduction of TDS
Income Tax
TaxPub Creative Cell
Disallowance of business promotion expense arising out of revision by PCIT by pharma company
Income Tax
TaxPub Creative Cell
Claim of TDS of amalgamating company in the hands of the amalgamated company
Income Tax
TaxPub Creative Cell
CSR expenses prior to insertion of Section 37(1) Explanation 2
Income Tax
TaxPub Creative Cell
Cancelled property deal - receipt of consideration thereto as income from other sources
Income Tax
TaxPub Creative Cell
Denial of Indo-Mauritius DTAA Capital gains exemption - Article 13(4)
Income Tax
TaxPub Creative Cell
Prior period expense disallowance via rectification proceedings
Income Tax
TaxPub Creative Cell
Claim of TDS credit spread over based on the percentage of completion method
Income Tax
TaxPub Creative Cell
Salary income earned in the Exclusive Economic Zone of India aboard a foreign ship whether taxable in India
Income Tax
TaxPub Creative Cell
TP disallowance on interest charged to AE in Bahrain - Benchmarking rate for ALP
Income Tax
TaxPub Creative Cell
Transfer pricing additions of guarantee fees paid to AE based on ALP benchmarking
Income Tax
TaxPub Creative Cell
Fixed Interest on loan to Associated Enterprise (AE) based on then ECB regulations - TP disallowance thereof
Income Tax
TaxPub Creative Cell
Short term capital loss on sale of shares of a private company to relatives - Disallowance thereof
Income Tax
TaxPub Creative Cell
No DTAA with Hong Kong - taxability of cross border communication connectivity (band width) charges
Income Tax
TaxPub Creative Cell
High seas sale whether speculative transaction under section 43(5) alleging non-delivery
Income Tax
TaxPub Creative Cell
Interest on refund until date of receipt - whether a rectification proceeding
Income Tax
TaxPub Creative Cell
Minimum Alternate Tax (MAT) on gains on sale of exempt agricultural land
Income Tax
TaxPub Creative Cell
Payment to retiring partners out of partnership deed covenants - whether diversion of income by overriding title
Income Tax
TaxPub Creative Cell
Absence of FTS (Fee for Technical services) clause in DTAA - taxability under Other income clause - Indo-Thai DTAA
Income Tax
TaxPub Creative Cell
Bad debt written off - disallowance suspecting collusion
Income Tax
TaxPub Creative Cell
Filing of Form 10-IE for availing new regime whether directory or mandatory?
Income Tax
TaxPub Creative Cell
Reinvestment benefit under section 54
Income Tax
TaxPub Creative Cell
Sale agreement of a yet to be delivered property - capital gains trigger
Income Tax
TaxPub Creative Cell
Claim of deduction under section 54F by investing in a large agricultural tract of land with a cement block industrial activity and an allegedly 500 sq. ft of residential building
Income Tax
TaxPub Creative Cell
No action on a rectification petition within time limit under section 154(8) - whether grievance redressal communication is an appealable order to CIT(A)
Income Tax
TaxPub Creative Cell
Recovery of money business - Repossession charges thru influential persons - allowability thereof
Income Tax
TaxPub Creative Cell
Retrospective reading of Proviso 1 to Section 43CA
Income Tax
TaxPub Creative Cell
Reassessment without serving a valid notice under section 148
Income Tax
TaxPub Creative Cell
Family settlement - applicability of section 56(2)(x)
Income Tax
TaxPub Creative Cell
Company in liquidation - surplus monies earning interest - claim of expenses under section 57(iii)
Income Tax
TaxPub Creative Cell
Proviso to section 50C whether retrospective?
Income Tax
TaxPub Creative Cell
CSR spends claimed under section 80G - allowability - Income offered to tax but TDS deducted in next assessment year on payment - timing issue
Income Tax
TaxPub Creative Cell
Dismissal of appeal due to non-payment of tax demand prior to filing of appeal arising out of addition of cash deposition from sale of agricultural land
Income Tax
TaxPub Creative Cell
Letting of a commercial complex with amenities on a lease rent that was constructed with an intent to sell - whether income from business or income from house property?
Income Tax
TaxPub Creative Cell
Domestic TP disallowance whether possible when Section 92BA(i) of the Act were omitted by Finance Act 2017
Income Tax
TaxPub Creative Cell
Key man endowment insurance policy in the name of the working partner assigned to the firm - whether an allowable expenditure
Income Tax
TaxPub Creative Cell
Disallowance under section 14A - whether amendment made by Finance act 2022 is retrospective
Income Tax
TaxPub Creative Cell
Wrong application of Section 40A(2)(b)
Income Tax
TaxPub Creative Cell
Recharacterizing salary to Managing Director as professional fees
Income Tax
TaxPub Creative Cell
International freight forwarding/logistics payments whether fee for technical services warranting TDS under section 195
Income Tax
TaxPub Creative Cell
Section 50C addition in the hands of the buyer under section 56(2)(vii)(b) citing inadequate consideration
Income Tax
TaxPub Creative Cell
Denial of Indo-Cyprus DTAA citing existence of entity was a cloak/sham
Income Tax
TaxPub Creative Cell
Assessee held default for non-deduction of TDS arising out of lower tax deduction certificates obtained in erstwhile TAN nos.
Income Tax
TaxPub Creative Cell
Depreciation on Good will arising out of amalgamation using DCF valuation
Income Tax
TaxPub Creative Cell
Penny stocks case - rejection of exempted capital gains on sale of listed shares
Income Tax
TaxPub Creative Cell
Ecommerce commission revenue model - additions under section 68
Income Tax
TaxPub Creative Cell
New regime of taxation under section 115BAC applicability on a belated return (Assessment year 2022-23)
Income Tax
TaxPub Creative Cell
Non-granting of TDS credit due to the deductor entering the wrong assessment year - remedy thereto
Income Tax
TaxPub Creative Cell
Off shore delivery of equipment with commissioning whether read as one contract taxable in India as per Indo German DTAA due to project PE presence
Income Tax
TaxPub Creative Cell
Yearly bonus to Directors holding substantial shareholding - whether readable as dividend?
Income Tax
TaxPub Creative Cell
Pharma business - Sales promotion expenses - freebies, sponsorships to Doctors/medical professionals allowability thereof
Income Tax
TaxPub Creative Cell
Validity of additions sustained based on report on frauds committed by assessee with no firm amount fixation
Income Tax
TaxPub Creative Cell
Error in claiming foreign tax credit - wrong plotting entry by E-return intermediary whether rectification under section 154
Income Tax
TaxPub Creative Cell
Secondment of employees from Japan to India - taxability as FTS under Indo Japan DTAA Article 12
Income Tax
TaxPub Creative Cell
Payment of salary in India for employment rendered in Australia by a non-resident employee whether taxable in India - Indo-Australian DTAA Article 15(1) DPS
Income Tax
TaxPub Creative Cell
Claim of investment loss against sale of movie rights of the similar investment
Income Tax
TaxPub Creative Cell
Feasibility of Rectification proceedings arising out of amendments carried to the Income tax Act, 1961 after the Assessment year under appeal and those amendments and subsequent amendments as well being held to be retrospective in application
Income Tax
TaxPub Creative Cell
Additions under section 56(2)(viib) on share capital contribution citing excess share premium post facto valuation including immovable property in the hands of the assessee company
Income Tax
TaxPub Creative Cell
Reopening under section 263 citing omission to apply Section 45(3) read with 50C on capital contribution of agricultural land in an unregistered firm (subsequently registered) and land offered as stock-in-trade
Income Tax
TaxPub Creative Cell
Taxability of legal professional fees in the hands of a UK LLP - whether a pass through entity and entitled to benefits of Indo-UK DTAA
Income Tax
TaxPub Creative Cell
Reimbursed Salary cost of Head office employees paid by Non-resident Indian Branch disallowance thereto - Indo Spain DTAA
Income Tax
TaxPub Creative Cell
Reduction of royalty under TP regulations only for sales made to third parties and not to parent by a Captive voice centre BPO
Income Tax
TaxPub Creative Cell
Worldwide marketing, advertising and other services to the hotels - whether royalty or fee for included services under Indo-US DTAA and taxable in India
Income Tax
TaxPub Creative Cell
Disallowance under section 40A(2)(b) citing salary paid to employee after TDS retained as unsecured loan in the hands of the payee
Income Tax
TaxPub Creative Cell
Shipping business - denial of DTAA benefits as per Indo-Singapore DTAA Article 24 - Limitation of benefits class
Income Tax
TaxPub Creative Cell
Cost of transfer arising out of a slump sale demerger whether claimable subsequent to the slump sale made post facto a court approved NCLT merger via revised return
Income Tax
TaxPub Creative Cell
Penalty under section 271D for violation of Section 269SS whether leviable on part of the consideration paid in Cash before registrar at the time of registration of the property
Income Tax
TaxPub Creative Cell
Exemption under section 10(26) available to an individual North East scheduled tribe whether available to a Partnership firm consisting of blood /close relations as partners?
Income Tax
TaxPub Creative Cell
Genuineness of Valuation report of underlying real estate property in a subsidiary and sustaining additions under section 68 thereto
Income Tax
TaxPub Creative Cell
Payment of compensation for peaceful vacation arising out of an oral sublease
Income Tax
TaxPub Creative Cell
Income of a revocable Trust
Income Tax
TaxPub Creative Cell
Business income or house property income
Income Tax
TaxPub Creative Cell
Taxability of offshore supply of equipments
Income Tax
TaxPub Creative Cell
Adjustment whether possible under MAT provisions in a subsequent year in a case where limitation was lost for revenue for having missed to carry out the MAT adjustment in an earlier year
Income Tax
TaxPub Creative Cell
Payments for time charter of dredgers on wet lease basis - whether royalty under Income tax act, 1961
Income Tax
TaxPub Creative Cell
Bad debt claim in Chit fund funds on terminated chits
Income Tax
TaxPub Creative Cell
Long term Capital gains computation - claim of deductibility of interest on borrowed loan as indexed cost of improvement under section 48 there to
Income Tax
TaxPub Creative Cell
Minimum guarantee payments - whether subject to TDS
Income Tax
TaxPub Creative Cell
Deemed Tax credits due to economic tax incentive - Indo-Oman DTAA - Article 25
Income Tax
TaxPub Creative Cell
Allowability of depreciation on goodwill arising out of amalgamation prior to 1-4-2021
Income Tax
TaxPub Creative Cell
Computerized ticket reservation system rendered from overseas - Whether PE exists - attribution of income
Income Tax
TaxPub Creative Cell
Sale of a subsidiary - Retention of money in an escrow to meet future liabilities - whether consideration will include the escrow amount as well for capital gains taxation
Income Tax
TaxPub Creative Cell
Revenue recognition - real estate business - pre-ICDS years
Income Tax
TaxPub Creative Cell
Additions under section 68 via reopening on high seas sale made
Income Tax
TaxPub Creative Cell
Addition under section 56(2)(viib) alleging excess share premium in the hands of a holding company valued on NAV basis with its value adding/proposition subsidiary valued on DCF basis
Income Tax
TaxPub Creative Cell
International hotel/hospitality business - Payment to USA entity for centralized Marketing contribution, Priority club receipts, Reservation contribution, Holidex fees whether royalty?
Income Tax
TaxPub Creative Cell
Additions under section 68 read with 115BBE due to alleged illegal offshore investment
Income Tax
TaxPub Creative Cell
Alleged Over invoicing of coal imports through related parties under customs regulations - expense disallowance via reopening
Income Tax
TaxPub Creative Cell
Refund of interest on Income tax from erstwhile existing PE - whether business income or interest income taxable under section Article 12 of Indo France DTAA
Income Tax
TaxPub Creative Cell
Reversionary powers under section 263 alleging wrong value adopted for FMV as per Section 56(2)(viib)
Income Tax
TaxPub Creative Cell
Management fee paid to holding company - disallowance under section 40A(2)
Income Tax
TaxPub Creative Cell
Freelancing journalist receiving compensation for non-renewal of her freelancing activity - whether taxable under section 28(ii)(e) or under section 56(2)(xi)
Income Tax
TaxPub Creative Cell
Accounting for arbitral award interest on realized/cash basis based on AS-9 revenue recognition certainty principles
Income Tax
TaxPub Creative Cell
Issue of alleged masking of royalty income as International Sales and Marketing Arrangement fees (ISMA) with no identity of the original owner of the Marriott brand/trademark
Income Tax
TaxPub Creative Cell
Attribution of profits in the hands of a Liaison Office (LO)
Income Tax
TaxPub Creative Cell
Claim of depreciation on windmills acquired through a slump sale without operational and slump sale completion.
Income Tax
TaxPub Creative Cell
Rectification post facto Apex court decision within time limit under section 154 - validity
Income Tax
TaxPub Creative Cell
Reduction of share capital under section 100 - 104 of the Companies Act, 1956 - is there a transfer and the assessee entitled to claim Capital loss which can be offset against Capital gains?
Income Tax
TaxPub Creative Cell
Absence of Fee for Technical Services (FTS) clause in Indo-Thai DTAA - Limitation of benefits clause (LOB)
Income Tax
TaxPub Creative Cell
Gift of agricultural land converted into residential land and subsequent illegal construction made with a builder via a JDA and later on regularized by corporation
Income Tax
TaxPub Creative Cell
Liquidated damages paid for non-performance of contract obligations whether allowable expenditure?
Income Tax
TaxPub Creative Cell
Unabsorbed interest on borrowings(floating rate notes - FRNs) taken for infructuous/abandoned capital projects - whether an allowable expenditure?
Income Tax
TaxPub Creative Cell
Applicability of buyback tax under section 115QA prior to 01-06-2016 on court approved capital reduction scheme under section 100-104 of Companies Act, 1956
Income Tax
TaxPub Creative Cell
Reinvestment under section 54 in spouse name by a non-resident assessee during covid travel embargo
Income Tax
TaxPub Creative Cell
Claim under section 35DD of amalgamation expenses - first year how reckoned
Income Tax
TaxPub Creative Cell
Raising fresh claim via rectification under section 154 post facto judicial decision
Income Tax
TaxPub Creative Cell
Allowability of compensation arising out of public damages/tortuous liability distinction between compensation vs. punitive - Exemplary damages
Income Tax
TaxPub Creative Cell
Applicability of section 56(2)(viib) to a "deemed" public company as per Companies Act, 2013
Income Tax
TaxPub Creative Cell
Bill discounting charges whether commission subject to TDS under section 194H - Alternatively whether interest subject to TDS under section 194A
Income Tax
TaxPub Creative Cell
Foreign rental income from property for a resident - Taxability - Interplay of DTAA - Indo-Australian DTAA
Income Tax
TaxPub Creative Cell
Test for Agricultural income - Whether lands are to be owned by the assessee
Income Tax
TaxPub Creative Cell
Reassessment under section 147/148 subsequent to revision proceedings initiated twice under section 263
Income Tax
TaxPub Creative Cell
Destruction of capital asset (building) in earthquake claim of capital loss thereto - Year of claim
Income Tax
TaxPub Creative Cell
Business acquisition - non-compete fee paid - whether capital or revenue expenditure
Income Tax
TaxPub Creative Cell
Disposal of only asset in the block of asset and reconstruction of a new asset - Completion in subsequent year
Income Tax
TaxPub Creative Cell
14% Redemption of Cumulative Non- Convertible Redeemable Preference Shares (CNCRPS)
Income Tax
TaxPub Creative Cell
Interest under section 201 & 201(1A) for short deduction of TDS on immovable property sold by a non-resident
Income Tax
TaxPub Creative Cell
Imputation of land as capital contribution in a firm for redevelopment alleging stock in trade - Applicability of section 45(3)
Income Tax
TaxPub Creative Cell
Resale method vs other method - assessee making defence equipment supplies and maintenance
Income Tax
TaxPub Creative Cell
Relinquishment amount received from partnership firm for relinquishing share in partnership
Income Tax
TaxPub Creative Cell
Cellular roaming and interconnect usage charges - Taxability as royalty - India - UK DTAA - Article 13(3)
Income Tax
TaxPub Creative Cell
Taxability of management fees, whether it "makes available " something to be taxed as FTS under Into-Singapore DTAA Article 12(4)(b)
Income Tax
TaxPub Creative Cell
Transfer of property as capital contribution in a LLP below FMV and offsetting the said capital loss against LTCG on sale of shares
Income Tax
TaxPub Creative Cell
Buyback of shares v. addition under section 56(2)(x)
Income Tax
TaxPub Creative Cell
Conversion of stock in trade into capital asset at year beginning by means of a resolution - Taxability whether as business income or capital gains
Income Tax
TaxPub Creative Cell
Payment of Service tax liability of earlier years - Allowability
Income Tax
TaxPub Creative Cell
Resellling IT licences and servicing/supporting the same post sale thru Indian AE entity
Income Tax
TaxPub Creative Cell
Commission expenditure to doctors by a pharmacy whether hit by ethical code of conduct of Indian medical council and is a disallowable expenditure
Income Tax
TaxPub Creative Cell
Taxability of group IT services under Article 12 of the Indo-Dutch DTAA
Income Tax
TaxPub Creative Cell
Candidate profiling and technical eligibility screening whether royalty under Indo-UK DTAA
Income Tax
TaxPub Creative Cell
Partner`s interest on capital and salary whether compulsory if mentioned in the deed - Section 10AA exemption thereto
Income Tax
TaxPub Creative Cell
Buyback or Dividend distribution arising out of an amalgamation under section 391 to 393 of Companies Act, 1956
Income Tax
TaxPub Creative Cell
Reopening under section 147 for past asst. years - whether possible in the hands of succeeding LLP of a Pvt. Ltd. Company?
Income Tax
TaxPub Creative Cell
Claim of depreciation on goodwill and intangible assets - post facto court approved amalgamation scheme
Income Tax
TaxPub Creative Cell
Claim of depreciation on brand post demerger in the hands of the resultant company
Income Tax
TaxPub Creative Cell
Arm`s Length Pricing (ALP) of media rights - whether CUP method adopted for one year can be resiled in another year - Bundled Sports Broadcasting (BSB) rights whether these can be cherry picked and evaluated instead of aggregating the same
Income Tax
TaxPub Creative Cell
Reopening by PCIT of LLP alleging claim of remuneration to partners out of capital gains
Income Tax
TaxPub Creative Cell
Reopening alleging non-invocation of Section 50C in the hands of a non-resident assessee - year of application of Section 50C
Income Tax
TaxPub Creative Cell
Reopening of case alleging taxability of fee for technical services received from Indian counterpart under India-Thailand DTAA
Income Tax
TaxPub Creative Cell
Levy of concealment penalty post facto MAP proceedings
Income Tax
TaxPub Creative Cell
Sale of Shares in the JV to JV partner based on future income prospects - whether business income/capital gain.
Income Tax
TaxPub Creative Cell
Applicability of Indo-Mauritius Treaty Article 13(4) - Grandfathering provisions on capital gains
Income Tax
TaxPub Creative Cell
Allowability of year end provisions as business expenditure
Income Tax
TaxPub Creative Cell
One time Loan waiver arising out of BIFR order - AO taking the stand that the same should go to offset the WDV of the block of assets under section 43(1) Explanation 10 thereby denying depreciation thereafter on the block of assets
Income Tax
TaxPub Creative Cell
Capital gains on conversion of capital asset into stock-in-trade and then claiming reinvestment benefit under section 54F
Income Tax
TaxPub Creative Cell
Percentage of completion method or Completed Contract method
Income Tax
TaxPub Creative Cell
Insertion of Section 11(7) vide Finance Act, 2023 w.e.f. 01-04-2023 - implications
Income Tax
TaxPub Creative Cell
Conversion of partnership into firm - one partner suing the firm citing forgery - additions proposed under section 68 in the hands of the firm thereto
Income Tax
TaxPub Creative Cell
Revival of ITAT order via miscellaneous petition - disallowance made for delayed remittance of Employees PF - delay by one day with extended time as per law
Income Tax
TaxPub Creative Cell
Transfer pricing adjustments - Interest on deemed loan by recharacterizing equity into debt - Depreciation on business rights/intangible assets
Income Tax
TaxPub Creative Cell
Export commission whether managerial services taxable under fee for technical fees - Indo-Belgian DTAA - impossibility of performance
Income Tax
TaxPub Creative Cell
Design and drawing services whether taxable as royalty/FTS (fee for technical services) per Indo-Singapore DTAA Article 12(4)(b)
Income Tax
TaxPub Creative Cell
Application of Section 50C in a case where Section 45(3) is applied
Income Tax
TaxPub Creative Cell
Licence fee for broadcast non-broadcasting rights whether royalty. Amendments in domestic law whether they override DTAA?
Income Tax
TaxPub Creative Cell
Revaluation of immovable property held as stock in trade in a firm credited to partners current accounts and then firm converted into company
Income Tax
TaxPub Creative Cell
Levy of penalty under section 271C for non-deduction of TDS as per Section 194-IA whether automatic
Income Tax
TaxPub Creative Cell
Treatment of Income from non-exempt (under section 10(10D)) ULIP plans prior to insertion of Section 45(1B) vide Finance Act, 2021 w.e.f. 01-04-2021 - whether income from other sources or capital gains
Income Tax
TaxPub Creative Cell
Disallowance under section 14A read with rule 8D where no income is earned. Amendment in Section 14A vide Finance Act, 2022 mandating disallowance even if no exempt is earned - is this retrospective or only prospective?
Income Tax
TaxPub Creative Cell
TDS applicability on ESOPs whether on provision being made for vesting of the ESOP entitlements
Income Tax
TaxPub Creative Cell
Addition made on capital gains due to sale of shares at below market prices on off market transaction
Income Tax
TaxPub Creative Cell
Disallowance under section 14A on substantial dividend income earned with investment value increase due to fair value arising out of amalgamation
Income Tax
TaxPub Creative Cell
Limitation under section 153(3) does it encompass Section 144C
Income Tax
TaxPub Creative Cell
Levy of penalty under section 271FAA for compliance filing under section 285BA with corrections being effected on pointing by revenue but corrected within time under section 285BA(4)
Income Tax
TaxPub Creative Cell
Salary earned abroad by a non-resident - taxability in India under Indo-China DTAA - Article 15
Income Tax
TaxPub Creative Cell
Cloud/web hosting services whether taxable as Royalty or as Fee for Included services (FIS) as per Article 12 of the Indo-US DTAA
Income Tax
TaxPub Creative Cell
Shipping line business - Calling into two Indian ports as part of charter party arrangement - denial of Article 8/24 of the India Singapore DTAA
Income Tax
TaxPub Creative Cell
Allowance of MAT credit - PCIT questioning the same via revision under section 263
Income Tax
TaxPub Creative Cell
Expense allowabiliy of Video shooting expenses for tour/travel promotion
Income Tax
TaxPub Creative Cell
Taxability of leasing income as royalty from helicopter given on dry lease under Indo-UAE DTAA Article - 12
Income Tax
TaxPub Creative Cell
Multiple assessments for same year with appeals post facto search and seizure operations - sustainability of additions thereto
Income Tax
TaxPub Creative Cell
Taxation of subsidy - purpose test - Effect of Section 2(24)(xviii) vide Finance Act, 2015
Income Tax
TaxPub Creative Cell
Leave travel concession (LTC) claimed by employees travelling within India but by making detour overseas destinations - whether employer was liable to do TDS by disallowing the LTC exemption under section 10(5) read with rule 2B.
Income Tax
TaxPub Creative Cell
Additions under section 69A/69C based on impounded mobile phone whatsapp messages/attachments
Income Tax
TaxPub Creative Cell
Infrastructure development expenses - whether revenue spend or capital spend
Income Tax
TaxPub Creative Cell
Penalty for mis-reporting of income - carry forward of loss arising out of income from other sources
Income Tax
TaxPub Creative Cell
Taxability of receipts arising out of event management in India - Indo-US DTAA - Article 7 vs 23
Income Tax
TaxPub Creative Cell
Liability to deduct TCS under section 206C(1C) read with 206C(6) and 206C(7) for transfer of mining rights - arising out of collection of compounding fee and penalty from illegal mining rights
Income Tax
TaxPub Creative Cell
Attribution of profit for offshore delivery of goods on FOB basis to assessee nominated transporter/carrier but customs clearance and duty payments paid by Indian project PE office and billed back to assessee
Income Tax
TaxPub Creative Cell
Payment of Overseas agency commission disallowance for non-deduction of TDS
Income Tax
TaxPub Creative Cell
NBFC Securitizing vehicle mortgage receivables - losses thereto allowability
Income Tax
TaxPub Creative Cell
Architectural design services - whether Fee for included services under Article 12(4) of Indo-US DTAA and taxable in India
Income Tax
TaxPub Creative Cell
IATP Technical handling services by non-resident airlines whether taxable in India
Income Tax
TaxPub Creative Cell
Amortization on berthing wharf owned by Port Trust
Income Tax
TaxPub Creative Cell
Applicability of Transfer pricing provisions to tonnage tax entity
Income Tax
TaxPub Creative Cell
TDS applicability on transmission/wheeling charges
Income Tax
TaxPub Creative Cell
AO seeking fresh departmental FMV as on 01-04-2001 without grounds-cross examination-Sustainability thereof
Income Tax
TaxPub Creative Cell
Delay in payment of employee`s contribution of PF/ESI by one day due date being Sunday - applicability of General Clauses act and SC judgment
Income Tax
TaxPub Creative Cell
Levy of interest under section 234-C via rectification proceedings under section 154 due to capital gains
Income Tax
TaxPub Creative Cell
Condoning delay of 5000 plus days in filing appeals - innumerable litigations - change of fortunes
Income Tax
TaxPub Creative Cell
Architectural design services whether taxable as royalty/Fee for technical services under Article 12(3)/(4) of Indo-Singapore DTAA
Income Tax
TaxPub Creative Cell
Disallowance under section 36(1)(iii) of interest paid citing no levy of onward lending to parties without interest - plea of Accounting Standard - 9 non-recoverability of interest income thereto
Income Tax
TaxPub Creative Cell
Set off of Long term capital losses against short term capital gains from depreciable short term capital asset (residential flat)
Income Tax
TaxPub Creative Cell
Supplementary rent/Reserve rent paid for aircraft leasing whether taxable as royalty under Indo-Ireland DTAA - Article 12.
Income Tax
TaxPub Creative Cell
Taxability of guarantee fees received for guaranteeing group company loans/debt obligations - whether taxable as Article - 22 Other income under Indo-Korean DTAA
Income Tax
TaxPub Creative Cell
Taxability of sub-contracted e-publishing services under Indo-US DTAA
Income Tax
TaxPub Creative Cell
Denial of tax credit of foreign taxes to a firm of lawyers
Income Tax
TaxPub Creative Cell
Residuary business - additions made on the basis of Form 26AS
Income Tax
TaxPub Creative Cell
Denial of Capital loss offset against Capital gains alleging collusion
Income Tax
TaxPub Creative Cell
Bonus of a non-resident received when he became a resident - denial of tax credit
Income Tax
TaxPub Creative Cell
Secondment fees reimbursed from India whether Fee for included services as per Indo-US DTAA
Income Tax
TaxPub Creative Cell
Additions under section 56(2)(viia)(ii) in a negative net worth as per Rule 11U(1)
Income Tax
TaxPub Creative Cell
CSR spend allowance under section 80G
Income Tax
TaxPub Creative Cell
Income from letting of mall whether income from house property or business income
Income Tax
TaxPub Creative Cell
Income from letting of mall whether income from house property or business income
Income Tax
TaxPub Creative Cell
Income from letting of mall whether income from house property or business income
Income Tax
TaxPub Creative Cell
Income from letting of mall whether income from house property or business income
Income Tax
TaxPub Creative Cell
Income from letting of mall whether income from house property or business income
Income Tax
TaxPub Creative Cell
Income from letting of mall whether income from house property or business income
Income Tax
TaxPub Creative Cell
Existence of PE (Permanent Establishment) a matter of fact to be proven by revenue - offshore delivery of goods is not taxable in India
Income Tax
TaxPub Creative Cell
Investment in NHAI bonds for claiming deduction under section 54EC made prior to sale of asset but in two financial years - Joint ownership whether contravenes ownership of any other house to claim deduction under section 54F
Income Tax
TaxPub Creative Cell
International Shipping business - Taxability of Inland haulage charges - Feeder vessel transportation charges - Article 9 of Indo France DTAA - alleged taxability due to PE existence
Income Tax
TaxPub Creative Cell
Hire of vessel on Time charter basis with crew - whether royalty under Indo-Singapore DTAA
Income Tax
TaxPub Creative Cell
Invocation of section 50C - Power of attorney transactions - ownership - Section 53A of transfer of property act, 1882
Income Tax
TaxPub Creative Cell
Deduction under section 54F - stamp paper validity whether 6 months
Income Tax
TaxPub Creative Cell
Disallowance of expense converted into an addition of "income" by CIT(A) - Sustainability
Income Tax
TaxPub Creative Cell
Levy of interest under section 234B arising out of surrender of cash found in a locker
Income Tax
TaxPub Creative Cell
Denial of deduction under section 54F citing joint ownership of residential property outside India
Income Tax
TaxPub Creative Cell
Denial of deduction under section 54F citing joint ownership of residential property outside India
Income Tax
TaxPub Creative Cell
Difference of Consideration minus net assets on slump sale acquisition - whether depreciable goodwill under section 32
Income Tax
TaxPub Creative Cell
Bitumen short delivered in carriage - Whether valuable goods - Subject to addition under section 69A as unexplained money
Income Tax
TaxPub Creative Cell
Aggregation of transactions - Payment of Technical know how whether disallowable outside of TNMM method adoption
Income Tax
TaxPub Creative Cell
Existence of place PE - Hongkong entity - no DTAA year - Taxability of fee for technical consultancy services as business income
Income Tax
TaxPub Creative Cell
Rejection of exemption under section 10(23C)(vi) alleging assessee did not solely exist for educational purposes
Income Tax
TaxPub Creative Cell
Revision under section 263 pending rectification request under section 154
Income Tax
TaxPub Creative Cell
Treatment of Zero coupon Optionally Optionally fullyconvertible debenture (ZOFCD) under Ind-AS transition under MAT Section 115JB(2C) 1/5th spread over
Income Tax
TaxPub Creative Cell
Penalty for concealment arising out of search - Change in method of accounting from completed contract method to percentage of completion method
Income Tax
TaxPub Creative Cell
Unexplained creditors of erstwhile years whether income?
Income Tax
TaxPub Creative Cell
Tax rates as interim amended section or tax rates as applicable for the said Assessment year - Revision under section 115BBE
Income Tax
TaxPub Creative Cell
What is right of pre-emption whether it exists - Right to sue is it a transferable right
Income Tax
TaxPub Creative Cell
Insurance sector - Allowability of expenditure for provision for unsettled claims and for Incurred but not reported (IBNR) claims
Income Tax
TaxPub Creative Cell
Additions to TP based on CUP ignoring geographical variations - not questioning assessee`s application of Resale price method
Income Tax
TaxPub Creative Cell
Compensation for cancelling Champions League T20 tournament - whether taxable in India
Income Tax
TaxPub Creative Cell
Writing off of advances and inventory arising out of a contract with a related party (AE) - Allowability thereof
Income Tax
TaxPub Creative Cell
Redevelopment agreement and receipt of consideration as corpus contribution
Income Tax
TaxPub Creative Cell
Attribution of income of a PE - whether a question of law?
Income Tax
TaxPub Creative Cell
Omission of section 92BA(i) in the statute - Reopening by PCIT whether permitted
Income Tax
TaxPub Creative Cell
Losses sustained due to re-export of goods allowability
Income Tax
TaxPub Creative Cell
Real estate business - Interest on enhanced compensation arising out of compulsory acquisition - Whether taxable as income from other sources with mandatory deduction @ 50%
Income Tax
TaxPub Creative Cell
Search and seizure - whether orders of unabated/completed assessment years can be reopened in the absence of any incriminating evidences under section 153A read with 132 & 132A
Income Tax
TaxPub Creative Cell
Arm`s length price (ALP) as determined by ITAT can it be questioned before high court on grounds of perversity/not in accordance of law
Income Tax
TaxPub Creative Cell
Electronic evidence - Remand - Second round case
Income Tax
TaxPub Creative Cell
Payment aggregator whether he is the person liable to withhold Tax as person liable to pay?
Income Tax
TaxPub Creative Cell
Income earned overseas whether taxable in India or can be claimed as exempt if PE exists overseas
Income Tax
TaxPub Creative Cell
Principle of Mutuality - Interest income from Nostro/Vostro with bank branches
Income Tax
TaxPub Creative Cell
Revision under section 263 based on cash flow hedge accounting
Income Tax
TaxPub Creative Cell
TDS challan bearing one day delay - Interest levy under section 201(1A)
Income Tax
TaxPub Creative Cell
Rental income from Subletting BOT assets developed in metro station - Whether house property or business income
Income Tax
TaxPub Creative Cell
Disallowance due to non-deduction of TDS under section 40(a)(i)
Income Tax
TaxPub Creative Cell
Disallowance under section 40A(3) whether attracted due to genuineness of payments
Income Tax
TaxPub Creative Cell
Sale of Shares by a resident to a non-resident with take over code trigger - Controlling interest + market price vis a vis market prices of shares - TP adjustment
Income Tax
TaxPub Creative Cell
Adjustment made due to receivables from AE`s whether built into the TNMM benchmarking
Income Tax
TaxPub Creative Cell
Delayed allotment or plot/land to buyers - Whether interest subject to TDS under Section 194A
Income Tax
TaxPub Creative Cell
Penalty under Section 271C whether leviable for delayed remittance of TDS
Income Tax
TaxPub Creative Cell
Bad debt allowance for stock broking/investment consultant entities
Income Tax
TaxPub Creative Cell
State/Sovereign is exempt from taxation - Is the assessee part of the state thus exempt from taxation?
Income Tax
TaxPub Creative Cell
Method of net basis of accounting - Google Adwords income whether taxable for Google Ireland in India by way of Assessee becoming a Dependent PE (DAPE)
Income Tax
TaxPub Creative Cell
Denial of deduction under Section 10AA (SEZ benefits) due to
Income Tax
TaxPub Creative Cell
Short term capital loss arising out of subscribed shares at a premium and reselling the same at a negligible value - Tax evasion or otherwise
Income Tax
TaxPub Creative Cell
Online database access - Whether Fee for included services under Indo-US DTAA
Income Tax
TaxPub Creative Cell
Applicability of TP provisions to Tonnage Tax Scheme
Income Tax
TaxPub Creative Cell
MFN clause applicability on management fees and CBDT Circular 3/2022 restricting MFN - Indo-France DTAA read with Indo-UK DTAA
Income Tax
TaxPub Creative Cell
Payroll and other management services whether make available any technology to fall in the scope of Article 12(4) of Indo-US DTAA
Income Tax
TaxPub Creative Cell
Most favoured nation clause CBDT Circular override of DTAA - Indo-Sweden DTAA
Income Tax
TaxPub Creative Cell
Gifts given for business promotion - Allowability
Income Tax
TaxPub Creative Cell
Hire income from vessels for oil production/prospecting whether royalty
Income Tax
TaxPub Creative Cell
IT Project software services whether royalty as per Indo-Singapore DTAA
Income Tax
TaxPub Creative Cell
Taxability of retention money - Consequential to ICDS amendments
Income Tax
TaxPub Creative Cell
Sale consideration reduced on capital gains due to litigation
Income Tax
TaxPub Creative Cell
Depreciation on goodwill arising out of slump sale
Income Tax
TaxPub Creative Cell
Management fee whether royalty/FTS under Indo-Dutch DTAA
Income Tax
TaxPub Creative Cell
Sharing of research information and database whether royalty?
Income Tax
TaxPub Creative Cell
Money advanced to AE for an offshore acquisition - TP benchmarking whether possible?
Income Tax
TaxPub Creative Cell
Computation of Section 234B whether tax deductible can be reduced?
Income Tax
TaxPub Creative Cell
Ship chartering with AE - CUP method how read and applied
Income Tax
TaxPub Creative Cell
Reopening under Section 263 alleging buying and selling agricultural land within same financial year whether a ploy to thwart capital gains
Income Tax
TaxPub Creative Cell
Renting by letting out of property whether business income or house property
Income Tax
TaxPub Creative Cell
Remand by ITAT to check if salary of Seconded employee was Fee for Technical Services under Indo-Canada DTAA. AO extending the remand to read a Service PE - validity
Income Tax
TaxPub Creative Cell
FTS payment for earning income from outside India - No clause in DTAA taxability explained
Income Tax
TaxPub Creative Cell
Payment of interest on release of encumbrance of a business asset -- Allowability
Income Tax
TaxPub Creative Cell
Insertion of Explanation to Section 9(1)(v) and Payment of interest by an Indian branch to its foreign branch/head office
Income Tax
TaxPub Creative Cell
Additions under Section 2(22(e) deemed dividend basing profits before claiming depreciation - Sustainability
Income Tax
TaxPub Creative Cell
Disallowance of bank interest paid due to account becoming NPA - Reconstruction settlement
Income Tax
TaxPub Creative Cell
Unabsorbed depreciation prior to 1999-2000 time limit to set off beyond 8 years due to post facto legislative amendment in Section 32(2)
Income Tax
TaxPub Creative Cell
Additions made in reassessment under Section 147 based on Bank accounts in Geneva - Validity thereof
Income Tax
TaxPub Creative Cell
Audit under RBI regulations whether equivalent to Tax audit for return filing timelines
Income Tax
TaxPub Creative Cell
Manner of set off in intra head income of short-term capital loss against short term capital gains
Income Tax
TaxPub Creative Cell
Recharacterizing Compulsorily Convertible Debentures (CCD) into Equity on Thin capitalization reasoning - Disallowing interest to AE in TP
Income Tax
TaxPub Creative Cell
Interest on enhanced compensation under Land Acquisition Act 1894 whether partakes texture of compensation and is outside scope of Section 145A read with Section 56(2)(viii) and 57(iv)
Income Tax
TaxPub Creative Cell
Powers and duties of auditors and auditing standards--CA failed to conduct audit in accordance with Ind-AS or SAs--Non-exercise of due diligence and negligent in conduct of professional duties--Imposition of penalty under section 132(4)(c)
Company Laws
TaxPub Creative Cell
Offshore supply and Onshore hiring of mining equipment as lessor - Taxability of PE - Attribution of Income - Indo-Singapore DTAA
Income Tax
TaxPub Creative Cell
Overflow of TDS between two assessment years
Income Tax
TaxPub Creative Cell
Taxability of proceeds from sale of Renewable Energy Certificates (REC) issued by CERC - Central Electricity Regulatory Commission
Income Tax
TaxPub Creative Cell
Reopening post facto order of CIT(A) - Doctrine of merger
Income Tax
TaxPub Creative Cell
Alleged existence of Permanent Establishment (PE) and Attribution of Income - Indo-Singapore DTAA - Authorised seller, warranty and installation agreement - Distributor agreement - Marketing support services agreement
Income Tax
TaxPub Creative Cell
Royalty for Trademark sub-license paid - Whether capital expenditure creating goodwill via brand value
Income Tax
TaxPub Creative Cell
Sale of rural agricultural land - Land conversion prior to sale - Applicability of Section 50C
Income Tax
TaxPub Creative Cell
Recharacterization of strategic investment in preference shares and Overseas Direct Investment (ODI) in offshore entities as loans to AE under TP additions thereto
Income Tax
TaxPub Creative Cell
Claim of additional cost of acquisition for indexation benefit due to change in area, stamp duty and interest on home loan paid
Income Tax
TaxPub Creative Cell
Notice issued on next day to limitation as per law due to limitation date being a Sunday - Validity
Income Tax
TaxPub Creative Cell
Revision under Section 263 pending appeal before CIT(A) on same topic
Income Tax
TaxPub Creative Cell
Depreciation claim on Wind Turbine Generator (WTG) by a NBFC
Income Tax
TaxPub Creative Cell
Disallowance of commission to related parties
Income Tax
TaxPub Creative Cell
Expenses incurred for increasing authorized capital claiming depreciation thereof
Income Tax
TaxPub Creative Cell
Time barred TP assessment after transfer of case due to change in jurisdiction
Income Tax
TaxPub Creative Cell
Disallowance for non-deduction of TDS - Payee declaring income - Second proviso to Section 40(a)(i) and Section 40)(a)(ia)
Income Tax
TaxPub Creative Cell
Wrong Attribution of income for non-resident - scoping Section 44BBB - applying rule 10 without rejecting books
Income Tax
TaxPub Creative Cell
Non-resident Shipping line business - Denial of benefit under Indo-Singapore DTAA - alleged royalty income from hiring of ships - reopening of assessment
Income Tax
TaxPub Creative Cell
Microsoft and Dell licences bought by parent and sub-licensed to Indian subsidiary - Taxability
Income Tax
TaxPub Creative Cell
Taxability of software as royalty under Indo-Ireland DTAA Article 12
Income Tax
TaxPub Creative Cell
Allowability of ESOP expenses - ESOP allotments as push down cost from parent entity
Income Tax
TaxPub Creative Cell
Arbitral award consequent to termination of an EPC contract - Taxability claim of carry forward and set off of losses not claimed on return
Income Tax
TaxPub Creative Cell
Multiple assessment conflicting revision orders during pendency of appeal before CIT(A)
Income Tax
TaxPub Creative Cell
Existence of Place, Service, Agency and Project PE based on survey documents and attribution of income - Indo-China DTAA
Income Tax
TaxPub Creative Cell
Software license distribution - Dependent Agent Permanent Establishment (DAPE) - Remunerating DAPE agent at arm`s length whether it absolves further attribution of income
Income Tax
TaxPub Creative Cell
Marketing services from Singapore whether FTS under Indo-Singapore DTAA Article 12 - Hotel and Hospitality Industry
Income Tax
TaxPub Creative Cell
Conduct of the Assessee - Dismissing of appeal thereto
Income Tax
TaxPub Creative Cell
Offshore delivery of goods on CIF in a composite contract done as a consortium - Income attribution in India
Income Tax
TaxPub Creative Cell
Revision under Section 263 for share premium under Section 56(2)(viib) - Shares issued to bankers at lower than par value due to distress restructuring
Income Tax
TaxPub Creative Cell
Change only in rate of tax but not income - Draft order made under Section 144C(1) sustainability prior to A.Y. 2020-21
Income Tax
TaxPub Creative Cell
Deletion of disallowance of non-deduction of TDS under Section 40(a)(i) consequential to non-existence of DAPE - Dependant Agent Permanent Establishment
Income Tax
TaxPub Creative Cell
Management fees taxability under Indo Netherlands - Article 12
Income Tax
TaxPub Creative Cell
Fee for technical testing services - Taxability - Services performed offshore
Income Tax
TaxPub Creative Cell
Wrongly returning exempt income and claiming Section 89(1) relief whether a rectification permissible under Section 154
Income Tax
TaxPub Creative Cell
Dismissal of revision under Section 263 by ITAT and subsequent Order by AO based on appeal - CIT(A) dismissing the same - Validity
Income Tax
TaxPub Creative Cell
Claim for interest paid on borrowings under income from other sources while firm returned losses with debit balance in partner`s capital account
Income Tax
TaxPub Creative Cell
Management fee - Whether stewardship fees worthy of disallowance under TP provisions
Income Tax
TaxPub Creative Cell
Hardship allowance - Taxability - Thereof
Income Tax
TaxPub Creative Cell
Capital gains on unlisted shares 10% without indexation benefit - Claim at the time of assessment afresh applying clarificatory amendment of Finance Act, 2016 on Section 112(1)(c)(iii)
Income Tax
TaxPub Creative Cell
Cross border telecommunication charges - Taxability under Indo-US DTAA Article 12(4) fee for included services - Disallowance for non-deduction of TDS
Income Tax
TaxPub Creative Cell
Offshore delivery of equipments - Indo-Singapore DTAA - PE-Taxability
Income Tax
TaxPub Creative Cell
Depreciation on goodwill arising out of amalgamation
Income Tax
TaxPub Creative Cell
Cut off time limit for 154(7) how reckoned - Disallowing Section 80-IA(12) via rectification proceedings with limitation time under Section 154(7) being read from assessee`s suo moto rectification proceeding on an entirely different topic
Income Tax
TaxPub Creative Cell
Renting of car whether income from business or income from other sources
Income Tax
TaxPub Creative Cell
Sub-licensing of live feed of events whether copyright subject to royalty under Income Tax Act, 1961
Income Tax
TaxPub Creative Cell
Short allowance of Claimed TDS by rectification without giving proper hearing - professional income - cash basis of accounting TDS mismatches
Income Tax
TaxPub Creative Cell
Most favoured nation clause - applicability without any specific notification from Government
Income Tax
TaxPub Creative Cell
AMP spend application of Bright Line Test (BLT) as a rule
Income Tax
TaxPub Creative Cell
Additions made under Section 69 on alleged share investments at face value vis-a-vis book value of shares being substantially more
Income Tax
TaxPub Creative Cell
Indo-Singapore DTAA Article 13(4) - Transfer of closely held shares of Indian company
Income Tax
TaxPub Creative Cell
Real estate business - Notional rent on unsold stock in trade - Years prior to insertion of Section 23(5)
Income Tax
TaxPub Creative Cell
Additions made with no supportive reasons to controvert - thereto
Income Tax
TaxPub Creative Cell
Offsetting of interest paid under Section 57 against interest income
Income Tax
TaxPub Creative Cell
Levy of Section 234E prior to 1-6-2015 and inordinate delay in appealing against the same
Income Tax
TaxPub Creative Cell
Re-opening of case due to change of opinion - No new facts - Capital gains - Indo-Singapore DTAA
Income Tax
TaxPub Creative Cell
Advancing monies to AE`s - ALP benchmarking
Income Tax
TaxPub Creative Cell
Revision alleging Indo Mauritian DTAA - Capital losses + PE existence for fund manager
Income Tax
TaxPub Creative Cell
Section 56(2)(viib) exclusion for a Venture capital undertaking
Income Tax
TaxPub Creative Cell
MAT inclusion of PE income
Income Tax
TaxPub Creative Cell
Taxability of Interest on income tax refund -- Indo Japan DTAA Article 11(2)
Income Tax
TaxPub Creative Cell
Capital or revenue expenditure -- Spends incurred for acquiring customer contracts and assembled workforce
Income Tax
TaxPub Creative Cell
Management fees/Business support fees -- Indo Netherlands DTAA Article 12(5)
Income Tax
TaxPub Creative Cell
Strictures to AO’s for not passing orders of DRP
Income Tax
TaxPub Creative Cell
FTS taxability under pre-amended Indo-Mauritius DTAA
Income Tax
TaxPub Creative Cell
Section 14A disallowances under tonnage tax regime
Income Tax
TaxPub Creative Cell
Retracting interest on refund under Section 244A via rectification
Income Tax
TaxPub Creative Cell
Refund of non-compete and confidentiality amount whether deductible from salary
Income Tax
TaxPub Creative Cell
Fee for technical services besides PE existence -- Meaning of "effectively connected" -- PE taxation v. Presumptive taxation under Section 115A
Income Tax
TaxPub Creative Cell
Management fees whether "make available" technology for end use as per Indo-Singapore DTAA
Income Tax
TaxPub Creative Cell
Airline Computerised Reservation System (CRS) distribution agreement -- PE (Permanent Establishment) existence -- ALP remuneration extinguishes further attribution of income -- Allowability of expenses against PE
Income Tax
TaxPub Creative Cell
Taxability of Certified Emission Reductions (CER)
Income Tax
TaxPub Creative Cell
Conversion of Fully Compulsory Convertible Preference Shares (FCCPS) and Redeemable Cumulative Convertible Preference Shares (RCCPS) into equity shares on favourable basis to redeeming assessee-company -- Capital gains thereof
Income Tax
TaxPub Creative Cell
Management fees -- ALP taken as NIL but services provided
Income Tax
TaxPub Creative Cell
Services rendered outside India -- Income accruing or arising outside India
Income Tax
TaxPub Creative Cell
ESOP/ESPP/ESIP/RSU expense allowance under Income Tax Act, 1961
Income Tax
TaxPub Creative Cell
Contract Revenue Recognition -- Real income
Income Tax
TaxPub Creative Cell
Purchase of shares at premium and buy back at par -- Additions to long-term capital gains
Income Tax
TaxPub Creative Cell
Additions based on import customs assessable value vs. actual import value
Income Tax
TaxPub Creative Cell
Fresh claim of carry forward of past losses arising out of de-merger at assessment stage due to court approved order for de-merger
Income Tax
TaxPub Creative Cell
Substitution of FMV of 1-4-2001 for pre-independence ancestral property
Income Tax
TaxPub Creative Cell
Delayed filing of Form 67 for availing tax credit does not invalidate rightful tax credit
Income Tax
TaxPub Creative Cell
Cross currency swap -- Payment of interest allowability under Section 36(1)(iii) -- Hedging whether speculative in nature
Income Tax
TaxPub Creative Cell
Capital gains on exchange/barter of lands -- Method of computation
Income Tax
TaxPub Creative Cell
Divestment of ventilator division of assessee at zero value with negative net-worth of INR 1.83 crores on slump sale -- Computation of capital gains on under Section 50B
Income Tax
TaxPub Creative Cell
Income from stem cell storage business - Spread over of income vs. in toto taxability in the year of receipt
Income Tax
TaxPub Creative Cell
Depreciation on goodwill out of demerger trigger year different to appointed date--Disallowance due to WDV method adopted
Income Tax
TaxPub Creative Cell
Assessee in default for non deduction of TDS on redemption premium read as Interest under Section 2(28A) on Foreign Currency Convertible Bonds (FCCB) parked overseas for Overseas Direct Investment (ODI)
Income Tax
TaxPub Creative Cell
Carry forward and set off loss out of a revised return under Section 139(5) vs. loss return under Section 139(3) read with Section 80--Misc. petition seeking specific orders
Income Tax
TaxPub Creative Cell
ESOP allotment taxability under Section 28(iv) for assessment year 2007-08
Income Tax
TaxPub Creative Cell
Interest earned during construction period--Taxability thereof
Income Tax
TaxPub Creative Cell
Charitable society selling its land below guideline value and applicability of section 50C
Income Tax
TaxPub Creative Cell
Payment for equipment leasing--Whether taxable as royalty under Indo-Netherlands DTAA?
Income Tax
TaxPub Creative Cell
Penalty under section 271B levied after lapse of 30 months of completion of assessment--Whether Barred by limitation
Income Tax
TaxPub Creative Cell
Providing information technology/administrative services whether subject to tax as per Article 12(4) of Indo-US DTAA as fee for included services
Income Tax
TaxPub Creative Cell
Look out Circular issued against Director of Company--Petition for quashing
Company Laws
TaxPub Creative Cell
Limited scrutiny on issue in notice--CIT in section 263 proceedings examined the issue other than one considered by AO--Whether Permissible
Income Tax
TaxPub Creative Cell
Assessment order under section 153C itself being invalid--Revision of Such Order Not Allowable
Income Tax
CA Manoj Gupta
Asset once entered in block is eligible for depreciation
Income Tax
TaxPub Creative Cell
Compensation paid to the existing tenants of the property for the inconvenience caused to them due to dislocation--No tax deductible under section 194-I
Income Tax
CA. Manoj Gupta
Punishment for false statement--Petitioner being signatory to financial statements of company--No active role of petitioner in financial mismanagement of company--Whether petition for grant of bail is to be allowed
GST
TaxPub Creative Cell
Person opted to make payment under section 129(1) to get goods/conveyance released--Whether such person is deprived of his right to file appeal to the Appellate Authority
GST
TaxPub Creative Cell
Utilization of electronic credit ledger for making pre-deposit under section 107(6) for filing appeal to Appellate Authority
GST
TaxPub Creative Cell
Income scope whether under section 44BB or 115A
Income Tax
TaxPub Creative Cell
Cost plus was a right method of benchmark in line
Income Tax
TaxPub Creative Cell
Satyam computers confession and reopening/reassessment of family member's assessments
Income Tax
TaxPub Creative Cell
Capital gains long term or short term--Right to property exists but possession not there--Duration of holding how reckoned.
Income Tax
TaxPub Creative Cell
Scope of section 44BB v. 44DA v. 115A
Income Tax
TaxPub Creative Cell
Claim of disallowance in expense in deductions under section 80IB raised afresh in appeal
Income Tax
TaxPub Creative Cell
Capital gains on imputing shareholding into an existing firm and then revaluation of firm and then conversion into a company and subsequent sale to a third party--Whether colorable transaction
Income Tax
TaxPub Creative Cell
Actuary valued post retirement medical benefits scheme--Allowability
Income Tax
TaxPub Creative Cell
TP additions and MAP impact
Income Tax
TaxPub Creative Cell
Indexation beginning from year of bequest or 1-4-1981
Income Tax
TaxPub Creative Cell
Deemed dividend arising out of a de-merger
Income Tax
TaxPub Creative Cell
Explanation to section 73 of the Act by Finance (No. 2) Act, 2014 whether retrospective
Income Tax
TaxPub Creative Cell
Provisions made--Allowability
Income Tax
TaxPub Creative Cell
Measures to eliminate revenue appeals being dismissed at admission stage itself
Income Tax
TaxPub Creative Cell
Section 40a(i) whether discriminatory to article 26(3) of Indo-US DTAA
Income Tax
TaxPub Creative Cell
Charitable activities--Buying and selling whether hit by proviso to section 2(15), requirement to maintain separate set of books section 11(4A). Impact of section 13(8)
Income Tax
TaxPub Creative Cell
Turnover for commodity derivatives under section 44AB. Penalty for failure to get accounts audited under section 44AB.
Income Tax
TaxPub Creative Cell
Effect of fraud of earlier years considered in subsequent years
Income Tax
TaxPub Creative Cell
Accrual of income method consistently followed--Concealment penalty levied whether sustainable
Income Tax
TaxPub Creative Cell
"Full value of the sale consideration" does it refer to actual consideration received only or even deemed consideration under section 50C
Income Tax
TaxPub Creative Cell
Valuation of stamp authority v DVO fair market value on sale date - which one to be adopted.
Income Tax
TaxPub Creative Cell
Ad hoc disallowance on En-route expenses and on sale of scrap trucks
Income Tax
TaxPub Creative Cell
TDS applicability on no VAT charged invoices
Income Tax
TaxPub Creative Cell
Addition under section 69 unexplained investments based on AIR
Income Tax
TaxPub Creative Cell
Penalty under section 221 - does is warrant an order under section 143(1) or 143(3) for assessee to be held in default
Income Tax
TaxPub Creative Cell
Allowability of business expenditure with alternate plea to claim under section 80G
Income Tax
TaxPub Creative Cell
ESOP buy back reimbursed to Trust whether allowable expenditure
Income Tax
TaxPub Creative Cell
Existence of business income whether factually correct
Income Tax
TaxPub Creative Cell
Whether service tax forms part of sums received under section 44B for shipping business of a non-resident
Income Tax
TaxPub Creative Cell
Addition of unexplained investment sale by averaging acquisition price
Income Tax
TaxPub Creative Cell
Reopening an assessment on grounds of prejudicial to the interests of the revenue on various grounds
Income Tax
TaxPub Creative Cell
Sign in bonus--Repaid by subsequent employment--Addition whether sustainable
Income Tax
TaxPub Creative Cell
Section 80IA benefit in a block of 10 consecutive years whether choice at option of assessee.
Income Tax
TaxPub Creative Cell
Date of reckoning of ESOP’s whether grant date or vesting date--Rectification of mistake on face of record of ITAT order.
Income Tax
TaxPub Creative Cell
Payment of commission and ex gratia to directors whether hit by section 36(1)(ii)
Income Tax
TaxPub Creative Cell
Section 50C application where returned value is more than
Income Tax
TaxPub Creative Cell
Allowability of interest to sister concerns
Income Tax
TaxPub Creative Cell
TDS under section 194I applicability on lease premium
Income Tax
TaxPub Creative Cell
Additions to fixed assets made for less than 180 days and additional depreciation claimed under section 32(1)(iia). Whether assessee was eligible for additional depreciation in the subsequent assessment year
Income Tax
TaxPub Creative Cell
Management fee with only marginal improvement in revenue--Disallowance thereof Depreciation on non-compete fee--Pendency of appeal to disallow whether possible
Income Tax
TaxPub Creative Cell
Whether the said drug manufacturing and marketing right was granted after complying with clincal trials
Income Tax
TaxPub Creative Cell
Allowability of forex hedging losses
Income Tax
TaxPub Creative Cell
Upfront receipt by discounting of IDBI bonds, income whether spread over
Income Tax
TaxPub Creative Cell
Assessability whether under section 44BB or section 44DA
Income Tax
TaxPub Creative Cell
Payment for 2D/3D seismic reporting/assessment whether subject to TDS
Income Tax
TaxPub Creative Cell
Depreciation on leased vehicles
Income Tax
TaxPub Creative Cell
Project PE duration how reckoned
Income Tax
TaxPub Creative Cell
Commencement of business cut off and interest taxation prior to commencement
Income Tax
TaxPub Creative Cell
Payment for professional consulting whether subject to TDS thus disallowable under section 40(a)(ia)
Income Tax
TaxPub Creative Cell
Validity of Re-assessment consequential to rent revision with retrospective effect
Income Tax
TaxPub Creative Cell
Addition of share capital and unusually high share premium under section 68
Income Tax
TaxPub Creative Cell
Addition on alleged bogus sale under section 68 adjusted by share allotments
Income Tax
TaxPub Creative Cell
Service tax whether part of section 44BB scope
Income Tax
TaxPub Creative Cell
TP adjustment in freight forwarding agency v. step down sub-agency agreement
Income Tax
TaxPub Creative Cell
TDS on hire purchase
Income Tax
TaxPub Creative Cell
Penalty under section 272A(2)(k)
Income Tax
TaxPub Creative Cell
Reasonable cause for levy of penalty under section 271C
Income Tax
TaxPub Creative Cell
Dividend from offshore entity whether taxable and whether relief under DTAA is available
Income Tax
TaxPub Creative Cell
Slump sale or itemized sale
Income Tax
TaxPub Creative Cell
Section 80M pass through dividend v section 115O(5)
Income Tax
TaxPub Creative Cell
TDS credit due to delay in receipt of form 16A--Rectification thereof
Income Tax
TaxPub Creative Cell
TDS on Passenger service fee (PSF) and amounts held back by credit card companies
Income Tax
TaxPub Creative Cell
Reassessment on question of share acquisition not being at fair value
Income Tax
TaxPub Creative Cell
Allowability of application software expenditure
Income Tax
TaxPub Creative Cell
Existence of a PE in a turnkey contract
Income Tax
TaxPub Creative Cell
Bonus allotment whether hit by section 56(2)(vii)
Income Tax
TaxPub Creative Cell
Rectification on reassessment on point of original assessment whether time barred
Income Tax
TaxPub Creative Cell
Charitable activity section 2(15) explained
Income Tax
TaxPub Creative Cell
Income whether taxable under section 44BB or 115A
Income Tax
TaxPub Creative Cell
Cross border payment for web hosting services whether subject to TDS
Income Tax
TaxPub Creative Cell
Section 14A disallowance whether can be added back for MAT provisions
Income Tax
TaxPub Creative Cell
Deduction under section 80IC due to revised back dated CA certificate
Income Tax
TaxPub Creative Cell
Disallowance of depreciation on goodwill and interest free funds advanced to subsidiaries.
Income Tax
TaxPub Creative Cell
Foreign news agency collection and dissemination of information within India - whether royalty?
Income Tax
TaxPub Creative Cell
Allowability under section 35AD
Income Tax
TaxPub Creative Cell
Addition under section 68 on sale of shares in a stock exchange subject to STT
Income Tax
TaxPub Creative Cell
Levy of penalty under section 271G due to delay in submitting TP documentation
Income Tax
TaxPub Creative Cell
Business income or other sources
Income Tax
TaxPub Creative Cell
Scope of section 245
Income Tax
TaxPub Creative Cell
MAT credit to consider surcharge and education cess
Income Tax
TaxPub Creative Cell
Allowability of bad debt in chit fund business
Income Tax
TaxPub Creative Cell
Waiver of loan principal portion - whether subject to tax under section 28(iv)
Income Tax
TaxPub Creative Cell
Company into software development with comparable into Software development and ITES are not same
Income Tax
TaxPub Creative Cell
Section 45(4) implication on relinquishment of existing partners in favour of a company
Income Tax
TaxPub Creative Cell
Retrospective application causing impossibility of performance - whether disallowance required
Income Tax
TaxPub Creative Cell
Property or business income
Income Tax
TaxPub Creative Cell
Service of notice of reassessment for validation of proceedings
Income Tax
TaxPub Creative Cell
Forfeiture of convertible share warrants whether a short term capital loss
Income Tax
TaxPub Creative Cell
Tips to employee whether subject to TDS
Income Tax
TaxPub Creative Cell
Concealment penalty in TP addition under section 271(1)(c) explanation 7.
Income Tax
TaxPub Creative Cell
Disallowance of expense due to non-deduction of TDS on camera attendants hired on adhoc basis.
Income Tax
TaxPub Creative Cell
Performance warranty given by offshore parent whether interest subject to TDS
Income Tax
TaxPub Creative Cell
Concealment penalty tests/conditions for upholding levy
Income Tax
TaxPub Creative Cell
Writ remedy whether possible after participating in reassessment proceedings
Income Tax
TaxPub Creative Cell
Exemptions under section 10(23C)(iiiab) conditions
Income Tax
TaxPub Creative Cell
TP addition of royalty at NIL in the case of a deemed AE
Income Tax
TaxPub Creative Cell
Peak credits in multiple banks how recknoned.
Income Tax
TaxPub Creative Cell
Allowability of commission expense on overlapping basis without accounting of sale
Income Tax
TaxPub Creative Cell
Buy back whether re-characterized as dividend
Income Tax
TaxPub Creative Cell
Buy back whether recharacterized as dividend
Income Tax
TaxPub Creative Cell
TDS on distributor/stockist discount and on director’s sitting fees for period prior to 1-7-2012
Income Tax
TaxPub Creative Cell
Penalty under section 271G when imposable
Income Tax
TaxPub Creative Cell
Purchase of computer hardware found to be bogus whether additions sustainable?
Income Tax
TaxPub Creative Cell
Expenditure incurred to restructure debt and source strategic investor
Income Tax
TaxPub Creative Cell
Sales return, discount claimed and allowability of expense arising out of subsequent year order
Income Tax
TaxPub Creative Cell
Replacement of key machinery parts whether current repairs
Income Tax
TaxPub Creative Cell
Penalty under section 271C if quantum assessment fails
Income Tax
TaxPub Creative Cell
Additions in TP due to customs valuation on imports from AE
Income Tax
TaxPub Creative Cell
Concealment penalty with defective show cause
Income Tax
TaxPub Creative Cell
Unproven additions under section 68
Income Tax
TaxPub Creative Cell
Application of explanation 3 to section 43(1)
Income Tax
TaxPub Creative Cell
TP addition on reimbursement of promotional expenditure of AE’s--Whether a limited role agent or more larger of that of a marketing agent
Income Tax
TaxPub Creative Cell
PMS scheme whether business income or capital gains
Income Tax
TaxPub Creative Cell
Inclusion of irrelevant comparable in TP
Income Tax
TaxPub Creative Cell
TP addition based on irrelevant comparables
Income Tax
TaxPub Creative Cell
Addition under section 68 for share capital
Income Tax
TaxPub Creative Cell
Compensation when accruing
Income Tax
TaxPub Creative Cell
Deferred consideration in capital gains
Income Tax
TaxPub Creative Cell
Disallowance under section 14A unwarranted if shares are held as stock in trade
Income Tax
TaxPub Creative Cell
Share capital addition as unexplained cash credit
Income Tax
TaxPub Creative Cell
TDS applicability on reimbursement of secondment charges
Income Tax
TaxPub Creative Cell
Interest paid for acquiring shares, whether eligible to be forming cost of acquisition and eligible for indexation
Income Tax
TaxPub Creative Cell
Disallowance under section 40A (3) whether independent of presumptive taxation
Income Tax
TaxPub Creative Cell
Chamber of commerce whether hit by proviso to section 2(15) post assessment year 2009-10
Income Tax
TaxPub Creative Cell
Stay petition in the case of disproportionate demand
Income Tax
TaxPub Creative Cell
Re-characterization of income and potential future income in share capital transaction under TP
Income Tax
TaxPub Creative Cell
Section 40A (3) on net payments and TDS on melting of gold difference
Income Tax
TaxPub Creative Cell
Completed contract method v. Percentage of completion method
Income Tax
TaxPub Creative Cell
Set off of business loss against income from other sources
Income Tax
TaxPub Creative Cell
Deemed dividend amongst closely held companies
Income Tax
TaxPub Creative Cell
Service PE and force of attraction rule
Income Tax
TaxPub Creative Cell
Allowability of expenditure before commissioning of rig but after commencement of business
Income Tax
TaxPub Creative Cell
Notional interest on loans
Income Tax
TaxPub Creative Cell
Notional interest addition
Income Tax
TaxPub Creative Cell
Income from fixed deposit whether business or other sources
Income Tax
TaxPub Creative Cell
EPC contract whether single contract or split and whether PE exists
Income Tax
TaxPub Creative Cell
Claim of rent in a disputed lease
Income Tax
TaxPub Creative Cell
Disallowance under section 14A in case of controlling interest
Income Tax
TaxPub Creative Cell
Receipt of carbon credits whether taxable
Income Tax
TaxPub Creative Cell
Cash credits on advances recovered by a money-lender
Income Tax
TaxPub Creative Cell
Royalty and management fee disallowance in TP
Income Tax
TaxPub Creative Cell
Deemed dividend from group companies under section 2(22)(e)
Income Tax
TaxPub Creative Cell
Depreciation on non-compete fee
Income Tax
TaxPub Creative Cell
Registration of a trust under section 12AA--Rejection
Income Tax
TaxPub Creative Cell
Penalty under section 271D/271E
Income Tax
TaxPub Creative Cell
Corporate guarantees whether international taxation subject to ALP
Income Tax
TaxPub Creative Cell
TP addition of interest on outstanding receivables with AE
Income Tax
TaxPub Creative Cell
Web hosting services whether taxable in the hands of a non-resident
Income Tax
TaxPub Creative Cell
Payment for cross border telecom use of Virtual voice network--An interconnect facility whether royalty under Indo-UK DTAA.
Income Tax
TaxPub Creative Cell
Transfer of loan to another entity whether short term capital loss?
Income Tax
TaxPub Creative Cell
Non-resident whether eligible for proviso 2 to section 48 (i.e. indexation benefit)
Income Tax
TaxPub Creative Cell
Admissibility of additional evidence under rule 46A
Income Tax
TaxPub Creative Cell
Capital gains or business income
Income Tax
TaxPub Creative Cell
Redemption of preference shares post conversion of firm into company to shareholder/partner--Whether dividend under section 2(22)(d)
Income Tax
TaxPub Creative Cell
Payment of settlement compensation through AE, whether extraordinary item to be excluded for ALP calculation.
Income Tax
TaxPub Creative Cell
Pass through costs whether subject to ALP--Cost plus method is gross accounting or net accounting?
Income Tax
TaxPub Creative Cell
TDS for barge transportation in container whether under section 194I or 194C
Income Tax
TaxPub Creative Cell
Enhanced consideration on sale of shares arising due to delay whether interest and taxable in India in the hands of a non-resident.
Income Tax
TaxPub Creative Cell
Revaluation of assets before conversion of firm to company, claim of depreciation on intangible assets
Income Tax
TaxPub Creative Cell
Rectification of interest on refund of income tax whether feasible
Income Tax
TaxPub Creative Cell
Rectification scope
Income Tax
TaxPub Creative Cell
Concealment penalty for MAT provisions
Income Tax
TaxPub Creative Cell
Capital gain or business income
Income Tax
TaxPub Creative Cell
Concealment penalty whether leviable
Income Tax
TaxPub Creative Cell
Levy of penalty for wrong stock estimation and VAT payment
Income Tax
TaxPub Creative Cell
Waiver of loan which was convertible into preference shares whether taxable under section 41(1) or 28(iv)
Income Tax
TaxPub Creative Cell
Disallowance under section 14A with no tax exempt income and investments made due to business expediency
Income Tax
TaxPub Creative Cell
Sale of Basic engineering design specification (BEDS) whether subject to TDS as royalty/FTS
Income Tax
TaxPub Creative Cell
Disallowance under section 14A on interest on borrowing which is invested in firms
Income Tax
TaxPub Creative Cell
Payment of indemnity whether expenditure wholly concerned with transfer of shares
Income Tax
TaxPub Creative Cell
Allowability of Keyman insurance in the wake of IRDA guidelines
Income Tax
TaxPub Creative Cell
Payment to group parent for allotment of ESOP allowability with FBT applied only on vested portion
Income Tax
TaxPub Creative Cell
Business expenditure allowability of software used for operations
Income Tax
TaxPub Creative Cell
Sharing of income between non-resident parent and Indian branch
Income Tax
TaxPub Creative Cell
Whether non-resident firm can fall in the scope of section 144C(15)(b)
Income Tax
TaxPub Creative Cell
Royalty to parent whether allowable under TP
Income Tax
TaxPub Creative Cell
Write-off of vendor advance for non-supply of goods allowability thereof
Income Tax
TaxPub Creative Cell
Unexplained expenditure v Unexplained investment
Income Tax
TaxPub Creative Cell
Section 234E levy prior to 1-6-2015
Income Tax
TaxPub Creative Cell
TDS whether under section 194C or 194J
Income Tax
TaxPub Creative Cell
Employee contribution of PF whether covered under section 43B(b) thus allowable if paid before filing return of income
Income Tax
TaxPub Creative Cell
Transaction fee by members to stock exchange whether fee for technical services subject to TDS. Meaning of Technical fees in section 9(1)(vii)
Income Tax
TaxPub Creative Cell
TP adjustment on ECB
Income Tax
TaxPub Creative Cell
Applicability of TDS on THC/IHC paid to shipping lines, custom agents was subject to TDS under section 194C
Income Tax
TaxPub Creative Cell
Discount to sister concern whether commission subject to TDS under section 194H
Income Tax
TaxPub Creative Cell
Addition under section 69C due to impairment of goodwill on acquisition of a business.
Income Tax
TaxPub Creative Cell
TP benchmarking for a job worker
Income Tax
TaxPub Creative Cell
Notional fair value whether taxable under section 56(2)(viii) or in the alternative be taxed as under section 69/69B
Income Tax
TaxPub Creative Cell
Dividend income under Indo Malaysian DTAA under old treaty/new treaty--Para 10
Income Tax
TaxPub Creative Cell
Addition under section 68 for share capital invested by a non-resident
Income Tax
TaxPub Creative Cell
Penalty under section 271B levy
Income Tax
TaxPub Creative Cell
Income whether business or capital gains
Income Tax
TaxPub Creative Cell
Sale of hardware machine with its embedded software, whether embedded software is royalty taxable in India
Income Tax
TaxPub Creative Cell
Addition made on account of non-distinguishing texture of the by-product
Income Tax
TaxPub Creative Cell
Error in E-TDS system process issues not to penalize assessee
Income Tax
TaxPub Creative Cell
Compensation for cancellation of a contract whether capital or revenue receipt - principles determining compensation is of capital or revenue nature
Income Tax
TaxPub Creative Cell
Whether buy back is a scheme of reorganization is entitled to DTAA benefit under Indo Netherlands DTAA article 13(5)
Income Tax
TaxPub Creative Cell
Capital gains from ESOP whether short term or long term
Income Tax
TaxPub Creative Cell
Whether supply management services with mark-up is subject to TDS under section 195?
Income Tax
TaxPub Creative Cell
Sale of bought out software by a software reseller is not subject to TDS both within India or outside India
Income Tax
TaxPub Creative Cell
Shares sold outside India taxability in India, clubbing provisions in the hands of a non-resident in the hands of his wife a resident in India
Income Tax
TaxPub Creative Cell
Limitation for proceedings under section 201(1) for assessment year prior to insertion of section 201(3) vide Finance Act, 2009
Income Tax
TaxPub Creative Cell
Reading of a project PE
Income Tax
TaxPub Creative Cell
Disallowance under section 40(a)(ia) conditions to be met?
Income Tax
TaxPub Creative Cell
Interest on refund of excess dividend distribution tax
Income Tax
TaxPub Creative Cell
Application of TP comparables ignoring turnover filter
Income Tax
TaxPub Creative Cell
Buyback of shares by a closely held company over and above its par value whether it can be read as deemed dividend under section 2(22(d) for assessment year 2011-12?
Income Tax
TaxPub Creative Cell
Demurrage paid a resident to a non-resident shipping line in India whether disallowable if no TDS is done due to applicability of section 172?
Income Tax
TaxPub Creative Cell
Non-obligated Ex gratia on premature cessation of services -- whether taxable?
Income Tax
TaxPub Creative Cell
Reopening under section 263 alleging cost of conversion of leasehold to freehold Nazul land
Income Tax
TaxPub Creative Cell
Assessee in default for non-deduction of TDS under section 201 read with section 192 on Leave Travel Concession where part journey leg is outside India
Income Tax
TaxPub Creative Cell
Disallowance under section 40(a)(ia) on expenditure incurred in earning capital gains
Income Tax
TaxPub Creative Cell
Time reckoning for reinvestment under section 54 -- Whether before return under section 139(1) or under section 139(4) -- Possession not given booking of flat with private builder whether eligible for reinvestment benefit under section 54
Income Tax
TaxPub Creative Cell
Domestic cost sharing agreement whether hit by assessing officer 40(a)(ia) -- Is it a reimbursement not warranting TDS
Income Tax
TaxPub Creative Cell
Payment of licence fee for use of goodwill by a firm of lawyers -- Allowability
Income Tax
TaxPub Creative Cell
Income from agriculture -- Rental income from lease of land for agricultural operations
Income Tax
TaxPub Creative Cell
Capital gains or business income
Income Tax
TaxPub Creative Cell
Disallowance of interest paid for investment in firm under section 14A alleging that no income nor any interest income arose from the partnership firm
Income Tax
TaxPub Creative Cell
FMV substitution for share sale agreement and re-computation of capital gains
Income Tax
TaxPub Creative Cell
Allowability of charitable donations under section 80G vs. Disallowance of the same under CSR (Corporate Social Responsibility) spend (Explanation 2 to section 37(1))
Income Tax
TaxPub Creative Cell
Income from renting of terrace for erection of mobile antenna tower -- Income from other sources or house property?
Income Tax
TaxPub Creative Cell
Reinvestment benefit claim under section 54 on overseas property after due date for filing return under section 139(1)
Income Tax
TaxPub Creative Cell
Reopening by PCIT under section 263 alleging exempted capital gains arose out of penny stocks -- Validity -- Certain key points on powers of reopening by PCIT
Income Tax
TaxPub Creative Cell
Re-assessment made on same points wherein the earlier post-search assessment made being held void -- Validity
Income Tax
TaxPub Creative Cell
Shares held as stock-in-trade and gifted to another corporate -- Taxability at fair value as business income -- Whether corporate can make gift -- Corporate can it be part of family settlement
Income Tax
TaxPub Creative Cell
Taxability of interest waived on debentures with non-residents but offset with a discounted share price -- Default for non-deduction of TDS in the case of non-resident payees -- Time limit reckoning
Income Tax
TaxPub Creative Cell
Recharacterization of Compulsorily Convertible Debentures (CCD) issued to parent and to AE as Equity -- Disallowance of interest there on under TP/SDT provisions
Income Tax
TaxPub Creative Cell
Deemed capital gains under section 50D on transfer of a right to property with consideration thru a self-made affidavit
Income Tax
TaxPub Creative Cell
Notional interest on interest free deposit taxability thereof under income from house property under section 23(1)(a) in a sale and leaseback arrangement
Income Tax
TaxPub Creative Cell
Claim of short-term capital loss on depreciable asset on demolition without effecting transfer under section 50(2)
Income Tax
TaxPub Creative Cell
Business restructuring as gift by a corporate to offshore step down subsidiaries -- Tax evasion by layering -- Transfer pricing adjustments -- Royalty payments to subsidiary by parent whether permissible
Income Tax
TaxPub Creative Cell
Refund of excise whether eligible for deduction under section 80-IB -- Whether it is a taxable income or a capital receipt -- Applicability of MAT on the same
Income Tax
TaxPub Creative Cell
Allowability of interest deduction under section 24(b) on loans rolled over with private borrowing
Income Tax
TaxPub Creative Cell
Tax credit availability under Indo-Japan DTAA Article 23(2) in India on fee for Independent personal services whether debatable
Income Tax
TaxPub Creative Cell
Forfeiture of advances on agreement to sell -- Application of section 56(2)(ix) (inserted w.e.f. 1-4-2015) for prior assessment years
Income Tax
TaxPub Creative Cell
Depreciation on sub-lease arising out of property leasing business -- Whether allowable as inter head set-off?
Income Tax
TaxPub Creative Cell
Share application money is it a capital asset?
Income Tax
TaxPub Creative Cell
Disallowance of year-end provisions voluntarily offered due to non-deduction of TDS and subsequent reversal of the same in the books -- Taxability thereof
Income Tax
TaxPub Creative Cell
Miscellaneous Application on a Miscellaneous Application possibility
Income Tax
TaxPub Creative Cell
International freight forwarding business -- Transfer pricing -- Sustainability of royalty paid to parent -- Disallowance due to non-deduction of TDS on Global Account Manager fees
Income Tax
TaxPub Creative Cell
Demand notice with draft assessment order whether invalidates the assessment?
Income Tax
TaxPub Creative Cell
Resale price method -- Profitability level index -- Huge Expat salaries non-commensurate to turnover
Income Tax
TaxPub Creative Cell
Application of Explanation 10 to section 43(1) on capital support received from Govt. of India to maintain capital adequacy
Income Tax
TaxPub Creative Cell
Receipt of unusually large share premium on preference shares in a start-up entity -- Additions under section 68
Income Tax
TaxPub Creative Cell
Redemption discount on Foreign currency convertible bonds -- Whether taxable
Income Tax
TaxPub Creative Cell
Interest income and commitment fees earned by a German bank -- Taxability in India alleging PE -- Certain concepts on international taxation
Income Tax
TaxPub Creative Cell
Partner paying interest on overdrawn capital but not receiving interest on capital balance where there is a credit despite there being a clause for interest on the partnership deed -- Notional taxability thereof
Income Tax
TaxPub Creative Cell
Method of computing Capital gains on property acquired thru a JDA
Income Tax
TaxPub Creative Cell
Addition of deemed dividend under section 2(22)(e) on net basis
Income Tax
TaxPub Creative Cell
Recalling order of ITAT under section 254(2) on principles of equity despite lapse of limitation
Income Tax
TaxPub Creative Cell
Spend not claimed as expenditure but as pass through whether hit by section 40(a)(i) disallowance
Income Tax
TaxPub Creative Cell
Reimbursement of Seconded employee salaries paid by AE whether subject to TDS disallowance under section 40(a)(i)
Income Tax
TaxPub Creative Cell
Cancellation of property sale agreement and assessee claiming refund of paid taxes by filing a revised return arising out of a reassessment and claiming it as a rectification petition
Income Tax
TaxPub Creative Cell
Revenue from Intermediary services whether subject to FTS clause under Indo-Sweden DTAA?
Income Tax
TaxPub Creative Cell
Clubbing of individual criminal complaints under sections 276-D/276-C/277 on same material and offence
Income Tax
TaxPub Creative Cell
Amount received from partnership firm on retirement whether subject to capital gains under section 45(1)
Income Tax
TaxPub Creative Cell
"Lump-sum payment to secure lease of land rights whether TDS obligations arise under section 194-I on the same as ""rent""?"
Income Tax
TaxPub Creative Cell
Payment of Bonus to Director cum shareholders whether disallowable under section 36(1)(ii) as they were in lieu of dividend
Income Tax
TaxPub Creative Cell
Exempted interest on tax free bonds under section 10(15)(iv)(h) whether taxable under MAT provisions?
Income Tax
TaxPub Creative Cell
Point of accrual of Income of a non-resident as per DTAA
Income Tax
TaxPub Creative Cell
Allowability of section 10AA deduction on suo moto ALP additions offered by the assessee
Income Tax
TaxPub Creative Cell
Allowability of interest expense on compulsorily convertible debentures under TP provisions
Income Tax
TaxPub Creative Cell
Ultra vires of section 40(a)(iib) before High Court
Income Tax
TaxPub Creative Cell
Payment for sponsorship/promotional material to Doctors whether Commission/Brokerage under section 194-H?
Income Tax
TaxPub Creative Cell
Revenue recognition -- Mirror imaging -- TDS credit thereon
Income Tax
TaxPub Creative Cell
Amendment in section 54F whether to be read as singular property or multiple property under a swap of constructed property for land given in a JDA
Income Tax
TaxPub Creative Cell
Reopening under section 263 questioning exempt capital gains based on penny stocks allegations
Income Tax
TaxPub Creative Cell
Allowability of Depreciation on goodwill arising on amalgamation
Income Tax
TaxPub Creative Cell
Indexation whether from date of allotment or from date of possession?
Income Tax
TaxPub Creative Cell
Payments to Tribals whose income is exempt under section 10(26) whether hit by TDS obligation disallowance?
Income Tax
TaxPub Creative Cell
Revenue from Intermediary services whether subject to FTS clause under Indo-Sweden DTAA?
Income Tax
TaxPub Creative Cell
Cancellation of registration of Trust alleging business activity being pursued
Income Tax
TaxPub Creative Cell
"Movie making business -- Amount received from sale of TV rights whether ""receipt on exhibition of film on commercial basis"" under rule 9 of Income Tax Rules"
Income Tax
TaxPub Creative Cell
Interest earned on fixed deposits during pre-commencement of project
Income Tax
TaxPub Creative Cell
Interest earned on fixed deposits during pre-commencement of project
Income Tax
TaxPub Creative Cell
Demand notice with draft assessment order whether invalidates the assessment?
Income Tax
TaxPub Creative Cell
Disallowance of payments in cash under section 40A(3)
Income Tax
TaxPub Creative Cell
Disallowance of payments in cash under section 40A(3)
Income Tax
TaxPub Creative Cell
Project related expenses debited whether subject to TDS under section 40(a)(iii) read with Article 15 (Dependent Personal Services - DPS) of Indo-Dutch DTAA
Income Tax
TaxPub Creative Cell
Taxability of Mesne profits
Income Tax
TaxPub Creative Cell
Taxability of capital contribution in the hands of a firm under section 56(2)(viia) especially when the capital was used for a legitimate layering arrangement to arrive at a desired financial objective
Income Tax
TaxPub Creative Cell
State tax paid overseas whether allowable as a deductible expenditure and is not hit by section 40(a)(ii)?
Income Tax
TaxPub Creative Cell
Time charter cross border hiring of vessel -- Whether royalty under Indo-Singapore DTAA
Income Tax
TaxPub Creative Cell
Denial of benefits of Article 8 exemption to shipping business under Indo Singapore DTAA citing non-taxability in Singapore and invocation of Limitation of benefits (LOB) Article 24
Income Tax
TaxPub Creative Cell
Deductibility of TDS done but not remitted before the end of the financial year on cash basis of accounting
Income Tax
TaxPub Creative Cell
Chargeability of Capital gains on Exchange differences under section 45 on Investment made in Forex
Income Tax
TaxPub Creative Cell
Capital subsidy credited to Capital reserve instead of adjusting against fixed assets as per Explanation 10 to section 43(1)
Income Tax
TaxPub Creative Cell
Shares loaned but not returned -- Sustainability as transfer under capital gains
Income Tax
TaxPub Creative Cell
Amendment in Indo Singapore DTAA clause in between the year whereby the old clause with rate for royalty @ 15% was replaced by a new clause with royalty @ 10%. Which rate to apply?
Income Tax
TaxPub Creative Cell
Payments to overseas attorneys for IP professional consultancy -- Applicability of TDS obligations thereof under IT Act and under various country DTAA's
Income Tax
TaxPub Creative Cell
Non-receipt of rent whether taxable under section 22 when TDS remitted by lessee
Income Tax
TaxPub Creative Cell
Depreciation on revalued intangible trademarks post conversion of Partnership firm into Company under section 47(xiii) -- Applicability of section 43(1) Explanation 3 read with 5th proviso to section 32(1).
Income Tax
TaxPub Creative Cell
Denial of deduction under section 80JJAA in 3rd year subsequent to recruitment year of new employees citing employees working for less than 300 days in first year - retrospective reading of 4th proviso in section 80JJAA
Income Tax
TaxPub Creative Cell
Availing Article 24 Tax credit under Indo-UK DTAA
Income Tax
TaxPub Creative Cell
Insertion of second proviso to section 54EC(1) vide Finance Act, 2014 with effect from assessment year 2015-16 capping total investment to Rs. 50 lakhs is prospective
Income Tax
TaxPub Creative Cell
Insertion of second proviso to section 54EC(1) vide Finance Act, 2014 with effect from assessment year 2015-16 capping total investment to Rs. 50 lakhs is prospective
Income Tax
TaxPub Creative Cell
Special Purpose Vehicle Charges (SPV) and Rehabilitation and recouping (R&R) amounts paid on mining operations under order of Supreme court whether allowable expenditure under section 37(1).
Income Tax
TaxPub Creative Cell
If agent is remunerated at Arm's length price does it absolve further attribution of profits in the hands of the Permanent Establishment (PE) of the non-resident
Income Tax
TaxPub Creative Cell
Sustainability of AMP expenditure under TP provisions
Income Tax
TaxPub Creative Cell
Computerized reservation system in aviation sector -- PE-attribution of income -- DAPE
Income Tax
TaxPub Creative Cell
To Sustain addition under section 56(2)(vii)(b)(ii) whether transfer be reckoned from date of agreement or date of registration?
Income Tax
TaxPub Creative Cell
Rejection of Books of Accounts
Income Tax
TaxPub Creative Cell
Satellite transponder -- Whether royalty under Indo-UK DTAA -- Land Earth Station (LES) whether a place PE -- Static vs. Ambulatory approach of reading DTAA provisions whether empower reading of IT Act amendments into DTAA unilaterally
Income Tax
TaxPub Creative Cell
Additions on share premium sustained under section 56(2)(viib) -- Startup
Income Tax
TaxPub Creative Cell
Payments for subscription of manuals, flight training, route navigation, parts and service bulletins to non-residents -- Whether subject to TDS under section 195
Income Tax
TaxPub Creative Cell
Benchmarking Management/Support fees as NIL under Transfer pricing provisions -- ALP computation and tolerance
Income Tax
TaxPub Creative Cell
Indirect transfer of shares outside India and taxability of non-resident in India
Income Tax
TaxPub Creative Cell
Sustainability of re-opening under section 147 & 148 -- Summary assessment -- Manually filed revised return ignored by revenue
Income Tax
TaxPub Creative Cell
Share premium utilized to wipe of accumulated losses under court approval -- Taxability under MAT
Income Tax
TaxPub Creative Cell
Sale of Copyrighted article v. Copyrighted under DTAA
Income Tax
TaxPub Creative Cell
Disallowance under section 14A on interest on capital paid to partners of a firm
Income Tax
TaxPub Creative Cell
Dividend distribution tax rate in section 115-O does it override DTAA rates (Indo-German)
Income Tax
TaxPub Creative Cell
Rectification of order route used for sustaining additions post scrutiny assessment -- Validity
Income Tax
TaxPub Creative Cell
Retrospective amendment in law -- Imposing TDS obligations
Income Tax
TaxPub Creative Cell
Allowability of employees exclusively for PE of a foreign bank under head office expenditure under section 44C
Income Tax
TaxPub Creative Cell
Section 40(a)(ia) disallowances in the case of presumptive income under section 44AD
Income Tax
TaxPub Creative Cell
Levy of penalty under section 271AA for non-maintenance of TP documentation on non-resident
Income Tax
TaxPub Creative Cell
Lower rate deduction of TDS on immovable property in case of non-resident -- Levy of penalty thereof
Income Tax
TaxPub Creative Cell
TP adjustment of notional interest whether hit by DTAA Article No. 11 of Indo Cyprus DTAA
Income Tax
TaxPub Creative Cell
Additions under section 56(2)(ix) for advances given for stock-in-trade in real estate business
Income Tax
TaxPub Creative Cell
Disallowance under section 40(a)(ia) for non-deduction of TDS under section 194-I on room bookings in a club
Income Tax
TaxPub Creative Cell
Divergence in treatment of Leases by lessee under AS-19 -- Invocation of section 263
Income Tax
TaxPub Creative Cell
Taxability of reversal of an impairment provision of an Asset Reconstruction Trust as income of an AOP citing an irrevocable trust existence with no definite share with pass thru mechanism under question by revenue
Income Tax
TaxPub Creative Cell
Invocation of section 263 revision powers of Commissioner in a case of limited scrutiny assessment under section 143(3)
Income Tax
TaxPub Creative Cell
Amount credited to Partner's capital account prior to retirement for goodwill whether taxable as capital gains with cost of acquisition as per section 55(2)(a) as NIL.
Income Tax
TaxPub Creative Cell
Alleged Owelty in a Family Settlement vs. Capital gains
Income Tax
TaxPub Creative Cell
Allowability of bad debts under section 37(1) or 28(1)
Income Tax
TaxPub Creative Cell
Additions for annual value for vacant flats held as stock-in-trade -- Per section 23(5) introduction years
Income Tax
TaxPub Creative Cell
Deduction under section 10A/10AA is it prior to set off of carry forward losses or vice versa?; Buy back expenses whether allowable as a business expenditure?
Income Tax
TaxPub Creative Cell
Income if excluded under DTAA would it cover losses as well thus question of allowability of carry forward losses of Capital gains there in
Income Tax
TaxPub Creative Cell
Exempted incomes under section 10 whether excluded from MAT computation?
Income Tax
TaxPub Creative Cell
Attribution of profits in the hands of the non-resident -- Dependent Agency PE (DAPE) alleging Exclusive agency relationship
Income Tax
TaxPub Creative Cell
Taxability of reversal of an impairment provision of an Asset Reconstruction Trust as income of an AOP citing an irrevocable trust existence with no definite share with pass thru mechanism under question by revenue
Income Tax
TaxPub Creative Cell
Claim of reimbursement -- Not hit by section 40(a)(i) read with section 195
Income Tax
TaxPub Creative Cell
Alleged alteration of client code modification (CCM) to corner profits -- Reopening thereof
Income Tax
TaxPub Creative Cell
Whether depreciation is mandatory prior to CIT v. Mahendra Mills Ltd. (2000) 159 CTR 381 (SC) : 2000 TaxPub(DT) 1304 (SC) given the wording of Explanation 5 to section 32.
Income Tax
TaxPub Creative Cell
Disallowance under section 14A in the books of the foreign bank branch in India on interest paid by Head office -- Head office expenses of the foreign branch of a bank -- TDS disallowance on Nostro account expenses
Income Tax
TaxPub Creative Cell
Allowability of section 10A deduction by raising invoices after year end without amending audited accounts
Income Tax
TaxPub Creative Cell
Additions under section 68 in the case of presumptive taxation under section 44AD
Income Tax
TaxPub Creative Cell
Expat Support services -- Employee salary payment and reimbursement with a mark up to an AE -- Questionability in TP
Income Tax
TaxPub Creative Cell
Reassessment under section 147 post block assessment under section 158BC
Income Tax
TaxPub Creative Cell
Additions made under different head by Commissioner (Appeals) without giving opportunity to assessee under section 251(2) for enhancement
Income Tax
TaxPub Creative Cell
Additions sustained on newspaper reports
Income Tax
TaxPub Creative Cell
Section 40A(3) applicability on spend in cash outside India
Income Tax
TaxPub Creative Cell
Deemed to be an international transaction -- Scope of section 92B(1) and (2)
Income Tax
TaxPub Creative Cell
Retrospective application of Proviso 1 of section 50C
Income Tax
TaxPub Creative Cell
Refund of taxes arising out of MAP -- Credit of taxes arising by way of TDS -- Reading of section 199
Income Tax
TaxPub Creative Cell
Software licence fees -- Whether royalty under Indo-Singapore DTAA -- Unilateral taxation under IT Act without amending DTAA provisions
Income Tax
TaxPub Creative Cell
Revision by PCIT under section 263 pending appeal with Commissioner (Appeals)--Section 56(2)(viib)
Income Tax
TaxPub Creative Cell
Commercial growing of flowering plants for export purpose -- Agricultural income
Income Tax
TaxPub Creative Cell
Disallowance under section 40(a)(i)/(ia) on depreciation claimed
Income Tax
TaxPub Creative Cell
Interest under section 244A on refund of self-assessment tax whether hit by proviso to section 244A(1)(a)
Income Tax
TaxPub Creative Cell
Claim of prior-period expenses in current assessment year alleging claim not made in earlier assessment year on a belated return with certain evidences being controverted
Income Tax
TaxPub Creative Cell
Dead rent payable in years of no manufacturing when mines were non-operational
Income Tax
TaxPub Creative Cell
Addition under section 92C(4) -- Claim of deduction under section 10AA post APA -- Advance Pricing Agreement
Income Tax
TaxPub Creative Cell
Due date of payment of TDS whether it relates to the date of credit or date of deposition
Income Tax
TaxPub Creative Cell
Transfer pricing interest benchmarking on Fully and Compulsorily Convertible Debentures (FCCD) denominated in INR
Income Tax
TaxPub Creative Cell
Notional addition of annual value under income from house property on sub-licensed property
Income Tax
TaxPub Creative Cell
Notional addition of interest on sticky loan to related party
Income Tax
TaxPub Creative Cell
Swapping of shares of amalgamated company in lieu of shares of amalgamating company -- Shares held as capital asset or as stock in trade -- Whether profit accrues on the transfer as capital asset or as business profits -- Taxability thereof
Income Tax
TaxPub Creative Cell
Levy of equalization levy on the PE of a non-resident -- Mutual exclusivity
Income Tax
TaxPub Creative Cell
Reassessment with additions sustained under wrong provisions
Income Tax
TaxPub Creative Cell
Allowability of carry forward of losses arising from long-term capital loss on sale of shares/equity units
Income Tax
TaxPub Creative Cell
Addition under section 56(2)(vii)(b)(ii) for difference in stamp value vs. actual consideration of purchased immovable property
Income Tax
TaxPub Creative Cell
Exempted long-term capital gains on sale of shares--Addition under section 68 alleging price rigging arising out of third party statement
Income Tax
TaxPub Creative Cell
Reinvestment allowance under section 54F--Co-ownership--Transfer of property held prior to sale--Alleged afterthought--Tax evasion
Income Tax
TaxPub Creative Cell
Disallowance of earnest money deposit in the hands of a real estate businessman
Income Tax
TaxPub Creative Cell
Capital gains computation vs. Intra head adjustments
Income Tax
TaxPub Creative Cell
Revision powers under section 263 invoked for the second time on the same topic--Whether permissible--Addition of share capital with large share premium therein
Income Tax
TaxPub Creative Cell
Bonus issue expenses allowability
Income Tax
TaxPub Creative Cell
Questioning legality of assessment process under section 144C
Income Tax
TaxPub Creative Cell
Additions sustained under section 68 where amounts were not received in the assessment year of appeal
Income Tax
TaxPub Creative Cell
Existence of PE -- Movie production -- Alleged of default in TDS
Income Tax
TaxPub Creative Cell
Sustainability of addition under section 56(2)(viib) of share premium
Income Tax
TaxPub Creative Cell
Transfer pricing addition in freight forwarding business applying Berry ratio
Income Tax
TaxPub Creative Cell
Taxability of Sale of carbon credits Certified Emission Reduction (CER) receipt
Income Tax
TaxPub Creative Cell
Bogus purchase of machinery -- Addition under section 69
Income Tax
TaxPub Creative Cell
Disallowance of depreciation on block of assets -- Converted into stock-in-trade
Income Tax
TaxPub Creative Cell
Search and seizure -- Additions on alleged incriminating evidences/documents -- Sustainability
Income Tax
TaxPub Creative Cell
Validity of revision powers of Commissioner on erroneous claim of depreciation on alleged intangible asset
Income Tax
TaxPub Creative Cell
Assessment in the hands of a non-existent entity
Income Tax
TaxPub Creative Cell
Sales Promotional spend to doctors -- CBDT circular validity/retrospectivity -- Section 37(1) explanation thereto.
Income Tax
TaxPub Creative Cell
Depreciation on goodwill arising out of a Business transfer agreement dated 20-6-2008 (Assessment Year 2009-10) without claiming it in return but raising the claim before assessing officer for the first time--Allowability.
Income Tax
TaxPub Creative Cell
1. Alternate claim of expenditure incurred to increase authorised capital under section 35D instead of section 37(1), 2. Allowability of legal and professional expenses for an aborted IPO.
Income Tax
TaxPub Creative Cell
APA roll back on IT/ITES services and claim of section 10AA SEZ benefit thereon
Income Tax
TaxPub Creative Cell
Amalgamation in the nature of purchase under court approval -- Sale of shares and capital gains claimed exempt -- MAT treatment -- Question of colourable transaction alleging tax evasion
Income Tax
TaxPub Creative Cell
Taxability of amount received arising out of a sub-licensee's right being relinquished
Income Tax
TaxPub Creative Cell
Stay powers of ITAT -- Effect of writ questioning constitutionality under Article 226(2) of Constitution of India
Income Tax
TaxPub Creative Cell
Suo moto rejection by Commissioner (Appeals) against rectification done by assessing officer to his assessed return in an appeal
Income Tax
TaxPub Creative Cell
Belated return -- Carry forward of unabsorbed depreciation under section 32(2) vs. carry forward of business loss interplay
Income Tax
TaxPub Creative Cell
Disallowance under section 40A(2)(b) of royalty paid to AE (Associated enterprise) of assessee controverting previous year royalty amounts. Interplay of section 40A(2)(b) vs. TP provisions.
Income Tax
TaxPub Creative Cell
Composite letting out whether income from house property or income from other sources?
Income Tax
TaxPub Creative Cell
Time limits amended in section 201(3) vide Finance Act 2 of 2014 with effect from 1-10-2014 are these retrospective or prospective?
Income Tax
TaxPub Creative Cell
Alleged additions from offshore bank account unearthed in an investigation about Offshore bank accounts with stashed money. Averments proving ownership to assessee -- assessee providing wishy washy rejoinders -- Whose money is it?
Income Tax
TaxPub Creative Cell
Disallowance due to non-deduction of TDS on purchase of goods with AE's arising out of a survey alleging PE existence -- Non-discrimination clause of DTAA.
Income Tax
TaxPub Creative Cell
Income from business or other sources -- Cessation of business as sick company and leasing of assets in joint operation -- Res judicata principles
Income Tax
TaxPub Creative Cell
Reinvestment benefit under section 54 -- Allowability -- Assessee selling two houses and acquiring one residential property
Income Tax
TaxPub Creative Cell
Denial of charitable purpose exemption due to commercial activities referring to section 11/12 read with section 2(15) proviso -- Detailed discussion on this topic
Income Tax
TaxPub Creative Cell
Post search return filed under section 153A had increased losses due to correction of error noticed in original return --- Whether can be considered by assessing officer/Commissioner (Appeals)?
Income Tax
TaxPub Creative Cell
Notice for default in deduction of TDS beyond 6 years on non-resident under section 201(3) validity thereof
Income Tax
TaxPub Creative Cell
Profit in lieu of salary under section 17(3) -- Non-compete fee paid to non-resident employees -- TDS default applicability -- DTAA Article 16 scope
Income Tax
TaxPub Creative Cell
Developmental rights transferred by civil contractor with part consideration received in assessment year and offered as business income and possession given -- Applicability of capital gains section 2(47)(v) thereof.
Income Tax
TaxPub Creative Cell
Capital gains levy on cancellation of sale deed due to non-payment of consideration -- Section 53A of Transfer of Property Act, 1882 interplay -- real income concept in capital gains
Income Tax
TaxPub Creative Cell
Reckoning of turnover, how to be applied in case of intra day trade for section 44AB -- Levy of penalty under section 271B thereof
Income Tax
TaxPub Creative Cell
Education or higher education cess whether an allowable business expenditure not hit by Section 40(a)(ii) Expenses expressly disallowable
Income Tax
TaxPub Creative Cell
Non-resident entity -- Reassessment alleging Place and Agency PE (Permanent Establishment) of its BPO Indian entity bereft those points raised and dealt in scrutiny assessment.
Income Tax
TaxPub Creative Cell
Carry forward and set off loss on de-merger by filing revised return -- Decision in favour of assessee
Income Tax
TaxPub Creative Cell
Explanation 2 to section 263 scope explained
Income Tax
TaxPub Creative Cell
Retrospectivity of Proviso 3 to section 50C(1) thereof
Income Tax
TaxPub Creative Cell
Disallowance due to non-deduction of TDS under section 40(a)(i) on overseas guarantee commission -- thereof
Income Tax
TaxPub Creative Cell
Concealment Penalty under section 271(1)(c) - assessment order mentioning reason for penalty but notice under section 271(1)(c) not clearly mentioning it - quashing of penalty levy thereof on grounds of incorrect notice issuance
Income Tax
TaxPub Creative Cell
Alleged existence of PE and attribution of income on a set of composite contracts - with part of it possibly creating PE subsequently cancelled and rest of the income exclusively coming under scope of Fee for Technical Services (FTS).
Income Tax
TaxPub Creative Cell
TDS Obligation on import of goods alleged thru a business connection of a non-resident
Income Tax
TaxPub Creative Cell
Port terminal operator claiming deduction under section 80-IA
Income Tax
TaxPub Creative Cell
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