Interesting and Noteworthy Decisions

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

Heading

F_category F_author