Interesting and Noteworthy Decisions

ESOP allotment sale of shares application of section 49(2AB) subsequently claimed

Income Tax TaxPub Creative Cell

Goodwill for entering into a JV whether taxable as capital gains

Income Tax TaxPub Creative Cell

Allowability of club expenses

Income Tax TaxPub Creative Cell

Income scope whether under section 44BB or 115A

Income Tax TaxPub Creative Cell

Cost plus was a right method of benchmark in line

Income Tax TaxPub Creative Cell

Satyam computers confession and reopening/reassessment of family member's assessments

Income Tax TaxPub Creative Cell

Capital gains long term or short term--Right to property exists but possession not there--Duration of holding how reckoned.

Income Tax TaxPub Creative Cell

Scope of section 44BB v. 44DA v. 115A

Income Tax TaxPub Creative Cell

Claim of disallowance in expense in deductions under section 80IB raised afresh in appeal

Income Tax TaxPub Creative Cell

Capital gains on imputing shareholding into an existing firm and then revaluation of firm and then conversion into a company and subsequent sale to a third party--Whether colorable transaction

Income Tax TaxPub Creative Cell

Actuary valued post retirement medical benefits scheme--Allowability

Income Tax TaxPub Creative Cell

TP additions and MAP impact

Income Tax TaxPub Creative Cell

Indexation beginning from year of bequest or 1-4-1981

Income Tax TaxPub Creative Cell

Deemed dividend arising out of a de-merger

Income Tax TaxPub Creative Cell

Explanation to section 73 of the Act by Finance (No. 2) Act, 2014 whether retrospective

Income Tax TaxPub Creative Cell

Provisions made--Allowability

Income Tax TaxPub Creative Cell

Measures to eliminate revenue appeals being dismissed at admission stage itself

Income Tax TaxPub Creative Cell

Section 40a(i) whether discriminatory to article 26(3) of Indo-US DTAA

Income Tax TaxPub Creative Cell

Charitable activities--Buying and selling whether hit by proviso to section 2(15), requirement to maintain separate set of books section 11(4A). Impact of section 13(8)

Income Tax TaxPub Creative Cell

Turnover for commodity derivatives under section 44AB. Penalty for failure to get accounts audited under section 44AB.

Income Tax TaxPub Creative Cell

Effect of fraud of earlier years considered in subsequent years

Income Tax TaxPub Creative Cell

Accrual of income method consistently followed--Concealment penalty levied whether sustainable

Income Tax TaxPub Creative Cell

"Full value of the sale consideration" does it refer to actual consideration received only or even deemed consideration under section 50C

Income Tax TaxPub Creative Cell

Valuation of stamp authority v DVO fair market value on sale date - which one to be adopted.

Income Tax TaxPub Creative Cell

Ad hoc disallowance on En-route expenses and on sale of scrap trucks

Income Tax TaxPub Creative Cell

TDS applicability on no VAT charged invoices

Income Tax TaxPub Creative Cell

Addition under section 69 unexplained investments based on AIR

Income Tax TaxPub Creative Cell

Penalty under section 221 - does is warrant an order under section 143(1) or 143(3) for assessee to be held in default

Income Tax TaxPub Creative Cell

Allowability of business expenditure with alternate plea to claim under section 80G

Income Tax TaxPub Creative Cell

ESOP buy back reimbursed to Trust whether allowable expenditure

Income Tax TaxPub Creative Cell

Existence of business income whether factually correct

Income Tax TaxPub Creative Cell

Whether service tax forms part of sums received under section 44B for shipping business of a non-resident

Income Tax TaxPub Creative Cell

Addition of unexplained investment sale by averaging acquisition price

Income Tax TaxPub Creative Cell

Reopening an assessment on grounds of prejudicial to the interests of the revenue on various grounds

Income Tax TaxPub Creative Cell

Sign in bonus--Repaid by subsequent employment--Addition whether sustainable

Income Tax TaxPub Creative Cell

Section 80IA benefit in a block of 10 consecutive years whether choice at option of assessee.

Income Tax TaxPub Creative Cell

Date of reckoning of ESOP’s whether grant date or vesting date--Rectification of mistake on face of record of ITAT order.

Income Tax TaxPub Creative Cell

Payment of commission and ex gratia to directors whether hit by section 36(1)(ii)

Income Tax TaxPub Creative Cell

Section 50C application where returned value is more than

Income Tax TaxPub Creative Cell

Allowability of interest to sister concerns

Income Tax TaxPub Creative Cell

TDS under section 194I applicability on lease premium

Income Tax TaxPub Creative Cell

Additions to fixed assets made for less than 180 days and additional depreciation claimed under section 32(1)(iia). Whether assessee was eligible for additional depreciation in the subsequent assessment year

Income Tax TaxPub Creative Cell

Management fee with only marginal improvement in revenue--Disallowance thereof Depreciation on non-compete fee--Pendency of appeal to disallow whether possible

Income Tax TaxPub Creative Cell

Whether the said drug manufacturing and marketing right was granted after complying with clincal trials

Income Tax TaxPub Creative Cell

Allowability of forex hedging losses

Income Tax TaxPub Creative Cell

Upfront receipt by discounting of IDBI bonds, income whether spread over

Income Tax TaxPub Creative Cell

Assessability whether under section 44BB or section 44DA

Income Tax TaxPub Creative Cell

Payment for 2D/3D seismic reporting/assessment whether subject to TDS

Income Tax TaxPub Creative Cell

Depreciation on leased vehicles

Income Tax TaxPub Creative Cell

Project PE duration how reckoned

Income Tax TaxPub Creative Cell

Commencement of business cut off and interest taxation prior to commencement

Income Tax TaxPub Creative Cell

Payment for professional consulting whether subject to TDS thus disallowable under section 40(a)(ia)

Income Tax TaxPub Creative Cell

Validity of Re-assessment consequential to rent revision with retrospective effect

Income Tax TaxPub Creative Cell

Addition of share capital and unusually high share premium under section 68

Income Tax TaxPub Creative Cell

Addition on alleged bogus sale under section 68 adjusted by share allotments

Income Tax TaxPub Creative Cell

Service tax whether part of section 44BB scope

Income Tax TaxPub Creative Cell

TP adjustment in freight forwarding agency v. step down sub-agency agreement

Income Tax TaxPub Creative Cell

TDS on hire purchase

Income Tax TaxPub Creative Cell

Penalty under section 272A(2)(k)

Income Tax TaxPub Creative Cell

Reasonable cause for levy of penalty under section 271C

Income Tax TaxPub Creative Cell

Dividend from offshore entity whether taxable and whether relief under DTAA is available

Income Tax TaxPub Creative Cell

Slump sale or itemized sale

Income Tax TaxPub Creative Cell

Section 80M pass through dividend v section 115O(5)

Income Tax TaxPub Creative Cell

TDS credit due to delay in receipt of form 16A--Rectification thereof

Income Tax TaxPub Creative Cell

TDS on Passenger service fee (PSF) and amounts held back by credit card companies

Income Tax TaxPub Creative Cell

Reassessment on question of share acquisition not being at fair value

Income Tax TaxPub Creative Cell

Allowability of application software expenditure

Income Tax TaxPub Creative Cell

Existence of a PE in a turnkey contract

Income Tax TaxPub Creative Cell

Bonus allotment whether hit by section 56(2)(vii)

Income Tax TaxPub Creative Cell

Rectification on reassessment on point of original assessment whether time barred

Income Tax TaxPub Creative Cell

Charitable activity section 2(15) explained

Income Tax TaxPub Creative Cell

Income whether taxable under section 44BB or 115A

Income Tax TaxPub Creative Cell

Cross border payment for web hosting services whether subject to TDS

Income Tax TaxPub Creative Cell

Section 14A disallowance whether can be added back for MAT provisions

Income Tax TaxPub Creative Cell

Deduction under section 80IC due to revised back dated CA certificate

Income Tax TaxPub Creative Cell

Disallowance of depreciation on goodwill and interest free funds advanced to subsidiaries.

Income Tax TaxPub Creative Cell

Foreign news agency collection and dissemination of information within India - whether royalty?

Income Tax TaxPub Creative Cell

Allowability under section 35AD

Income Tax TaxPub Creative Cell

Addition under section 68 on sale of shares in a stock exchange subject to STT

Income Tax TaxPub Creative Cell

Levy of penalty under section 271G due to delay in submitting TP documentation

Income Tax TaxPub Creative Cell

Business income or other sources

Income Tax TaxPub Creative Cell

Scope of section 245

Income Tax TaxPub Creative Cell

MAT credit to consider surcharge and education cess

Income Tax TaxPub Creative Cell

Allowability of bad debt in chit fund business

Income Tax TaxPub Creative Cell

Waiver of loan principal portion - whether subject to tax under section 28(iv)

Income Tax TaxPub Creative Cell

Company into software development with comparable into Software development and ITES are not same

Income Tax TaxPub Creative Cell

Section 45(4) implication on relinquishment of existing partners in favour of a company

Income Tax TaxPub Creative Cell

Retrospective application causing impossibility of performance - whether disallowance required

Income Tax TaxPub Creative Cell

Property or business income

Income Tax TaxPub Creative Cell

Service of notice of reassessment for validation of proceedings

Income Tax TaxPub Creative Cell

Forfeiture of convertible share warrants whether a short term capital loss

Income Tax TaxPub Creative Cell

Tips to employee whether subject to TDS

Income Tax TaxPub Creative Cell

Concealment penalty in TP addition under section 271(1)(c) explanation 7.

Income Tax TaxPub Creative Cell

Disallowance of expense due to non-deduction of TDS on camera attendants hired on adhoc basis.

Income Tax TaxPub Creative Cell

Performance warranty given by offshore parent whether interest subject to TDS

Income Tax TaxPub Creative Cell

Concealment penalty tests/conditions for upholding levy

Income Tax TaxPub Creative Cell

Writ remedy whether possible after participating in reassessment proceedings

Income Tax TaxPub Creative Cell

Exemptions under section 10(23C)(iiiab) conditions

Income Tax TaxPub Creative Cell

TP addition of royalty at NIL in the case of a deemed AE

Income Tax TaxPub Creative Cell

Peak credits in multiple banks how recknoned.

Income Tax TaxPub Creative Cell

Allowability of commission expense on overlapping basis without accounting of sale

Income Tax TaxPub Creative Cell

Buy back whether re-characterized as dividend

Income Tax TaxPub Creative Cell

Buy back whether recharacterized as dividend

Income Tax TaxPub Creative Cell

TDS on distributor/stockist discount and on director’s sitting fees for period prior to 1-7-2012

Income Tax TaxPub Creative Cell

Penalty under section 271G when imposable

Income Tax TaxPub Creative Cell

Purchase of computer hardware found to be bogus whether additions sustainable?

Income Tax TaxPub Creative Cell

Expenditure incurred to restructure debt and source strategic investor

Income Tax TaxPub Creative Cell

Sales return, discount claimed and allowability of expense arising out of subsequent year order

Income Tax TaxPub Creative Cell

Replacement of key machinery parts whether current repairs

Income Tax TaxPub Creative Cell

Penalty under section 271C if quantum assessment fails

Income Tax TaxPub Creative Cell

Additions in TP due to customs valuation on imports from AE

Income Tax TaxPub Creative Cell

Concealment penalty with defective show cause

Income Tax TaxPub Creative Cell

Unproven additions under section 68

Income Tax TaxPub Creative Cell

Application of explanation 3 to section 43(1)

Income Tax TaxPub Creative Cell

TP addition on reimbursement of promotional expenditure of AE’s--Whether a limited role agent or more larger of that of a marketing agent

Income Tax TaxPub Creative Cell

PMS scheme whether business income or capital gains

Income Tax TaxPub Creative Cell

Inclusion of irrelevant comparable in TP

Income Tax TaxPub Creative Cell

TP addition based on irrelevant comparables

Income Tax TaxPub Creative Cell

Addition under section 68 for share capital

Income Tax TaxPub Creative Cell

Compensation when accruing

Income Tax TaxPub Creative Cell

Deferred consideration in capital gains

Income Tax TaxPub Creative Cell

Disallowance under section 14A unwarranted if shares are held as stock in trade

Income Tax TaxPub Creative Cell

Share capital addition as unexplained cash credit

Income Tax TaxPub Creative Cell

TDS applicability on reimbursement of secondment charges

Income Tax TaxPub Creative Cell

Interest paid for acquiring shares, whether eligible to be forming cost of acquisition and eligible for indexation

Income Tax TaxPub Creative Cell

Disallowance under section 40A (3) whether independent of presumptive taxation

Income Tax TaxPub Creative Cell

Chamber of commerce whether hit by proviso to section 2(15) post assessment year 2009-10

Income Tax TaxPub Creative Cell

Stay petition in the case of disproportionate demand

Income Tax TaxPub Creative Cell

Re-characterization of income and potential future income in share capital transaction under TP

Income Tax TaxPub Creative Cell

Section 40A (3) on net payments and TDS on melting of gold difference

Income Tax TaxPub Creative Cell

Completed contract method v. Percentage of completion method

Income Tax TaxPub Creative Cell

Set off of business loss against income from other sources

Income Tax TaxPub Creative Cell

Deemed dividend amongst closely held companies

Income Tax TaxPub Creative Cell

Service PE and force of attraction rule

Income Tax TaxPub Creative Cell

Allowability of expenditure before commissioning of rig but after commencement of business

Income Tax TaxPub Creative Cell

Notional interest on loans

Income Tax TaxPub Creative Cell

Notional interest addition

Income Tax TaxPub Creative Cell

Income from fixed deposit whether business or other sources

Income Tax TaxPub Creative Cell

EPC contract whether single contract or split and whether PE exists

Income Tax TaxPub Creative Cell

Claim of rent in a disputed lease

Income Tax TaxPub Creative Cell

Disallowance under section 14A in case of controlling interest

Income Tax TaxPub Creative Cell

Receipt of carbon credits whether taxable

Income Tax TaxPub Creative Cell

Cash credits on advances recovered by a money-lender

Income Tax TaxPub Creative Cell

Royalty and management fee disallowance in TP

Income Tax TaxPub Creative Cell

Deemed dividend from group companies under section 2(22)(e)

Income Tax TaxPub Creative Cell

Depreciation on non-compete fee

Income Tax TaxPub Creative Cell

Registration of a trust under section 12AA--Rejection

Income Tax TaxPub Creative Cell

Penalty under section 271D/271E

Income Tax TaxPub Creative Cell

Corporate guarantees whether international taxation subject to ALP

Income Tax TaxPub Creative Cell

TP addition of interest on outstanding receivables with AE

Income Tax TaxPub Creative Cell

Web hosting services whether taxable in the hands of a non-resident

Income Tax TaxPub Creative Cell

Payment for cross border telecom use of Virtual voice network--An interconnect facility whether royalty under Indo-UK DTAA.

Income Tax TaxPub Creative Cell

Transfer of loan to another entity whether short term capital loss?

Income Tax TaxPub Creative Cell

Non-resident whether eligible for proviso 2 to section 48 (i.e. indexation benefit)

Income Tax TaxPub Creative Cell

Admissibility of additional evidence under rule 46A

Income Tax TaxPub Creative Cell

Capital gains or business income

Income Tax TaxPub Creative Cell

Redemption of preference shares post conversion of firm into company to shareholder/partner--Whether dividend under section 2(22)(d)

Income Tax TaxPub Creative Cell

Payment of settlement compensation through AE, whether extraordinary item to be excluded for ALP calculation.

Income Tax TaxPub Creative Cell

Pass through costs whether subject to ALP--Cost plus method is gross accounting or net accounting?

Income Tax TaxPub Creative Cell

TDS for barge transportation in container whether under section 194I or 194C

Income Tax TaxPub Creative Cell

Enhanced consideration on sale of shares arising due to delay whether interest and taxable in India in the hands of a non-resident.

Income Tax TaxPub Creative Cell

Revaluation of assets before conversion of firm to company, claim of depreciation on intangible assets

Income Tax TaxPub Creative Cell

Rectification of interest on refund of income tax whether feasible

Income Tax TaxPub Creative Cell

Rectification scope

Income Tax TaxPub Creative Cell

Concealment penalty for MAT provisions

Income Tax TaxPub Creative Cell

Capital gain or business income

Income Tax TaxPub Creative Cell

Concealment penalty whether leviable

Income Tax TaxPub Creative Cell

Levy of penalty for wrong stock estimation and VAT payment

Income Tax TaxPub Creative Cell

Waiver of loan which was convertible into preference shares whether taxable under section 41(1) or 28(iv)

Income Tax TaxPub Creative Cell

Disallowance under section 14A with no tax exempt income and investments made due to business expediency

Income Tax TaxPub Creative Cell

Sale of Basic engineering design specification (BEDS) whether subject to TDS as royalty/FTS

Income Tax TaxPub Creative Cell

Disallowance under section 14A on interest on borrowing which is invested in firms

Income Tax TaxPub Creative Cell

Payment of indemnity whether expenditure wholly concerned with transfer of shares

Income Tax TaxPub Creative Cell

Allowability of Keyman insurance in the wake of IRDA guidelines

Income Tax TaxPub Creative Cell

Payment to group parent for allotment of ESOP allowability with FBT applied only on vested portion

Income Tax TaxPub Creative Cell

Business expenditure allowability of software used for operations

Income Tax TaxPub Creative Cell

Sharing of income between non-resident parent and Indian branch

Income Tax TaxPub Creative Cell

Whether non-resident firm can fall in the scope of section 144C(15)(b)

Income Tax TaxPub Creative Cell

Royalty to parent whether allowable under TP

Income Tax TaxPub Creative Cell

Write-off of vendor advance for non-supply of goods allowability thereof

Income Tax TaxPub Creative Cell

Unexplained expenditure v Unexplained investment

Income Tax TaxPub Creative Cell

Section 234E levy prior to 1-6-2015

Income Tax TaxPub Creative Cell

TDS whether under section 194C or 194J

Income Tax TaxPub Creative Cell

Employee contribution of PF whether covered under section 43B(b) thus allowable if paid before filing return of income

Income Tax TaxPub Creative Cell

Transaction fee by members to stock exchange whether fee for technical services subject to TDS. Meaning of Technical fees in section 9(1)(vii)

Income Tax TaxPub Creative Cell

TP adjustment on ECB

Income Tax TaxPub Creative Cell

Applicability of TDS on THC/IHC paid to shipping lines, custom agents was subject to TDS under section 194C

Income Tax TaxPub Creative Cell

Discount to sister concern whether commission subject to TDS under section 194H

Income Tax TaxPub Creative Cell

Addition under section 69C due to impairment of goodwill on acquisition of a business.

Income Tax TaxPub Creative Cell

TP benchmarking for a job worker

Income Tax TaxPub Creative Cell

Notional fair value whether taxable under section 56(2)(viii) or in the alternative be taxed as under section 69/69B

Income Tax TaxPub Creative Cell

Dividend income under Indo Malaysian DTAA under old treaty/new treaty--Para 10

Income Tax TaxPub Creative Cell

Addition under section 68 for share capital invested by a non-resident

Income Tax TaxPub Creative Cell

Penalty under section 271B levy

Income Tax TaxPub Creative Cell

Income whether business or capital gains

Income Tax TaxPub Creative Cell

Sale of hardware machine with its embedded software, whether embedded software is royalty taxable in India

Income Tax TaxPub Creative Cell

Addition made on account of non-distinguishing texture of the by-product

Income Tax TaxPub Creative Cell

Error in E-TDS system process issues not to penalize assessee

Income Tax TaxPub Creative Cell

Compensation for cancellation of a contract whether capital or revenue receipt - principles determining compensation is of capital or revenue nature

Income Tax TaxPub Creative Cell

Whether buy back is a scheme of reorganization is entitled to DTAA benefit under Indo Netherlands DTAA article 13(5)

Income Tax TaxPub Creative Cell

Capital gains from ESOP whether short term or long term

Income Tax TaxPub Creative Cell

Whether supply management services with mark-up is subject to TDS under section 195?

Income Tax TaxPub Creative Cell

Sale of bought out software by a software reseller is not subject to TDS both within India or outside India

Income Tax TaxPub Creative Cell

Shares sold outside India taxability in India, clubbing provisions in the hands of a non-resident in the hands of his wife a resident in India

Income Tax TaxPub Creative Cell

Limitation for proceedings under section 201(1) for assessment year prior to insertion of section 201(3) vide Finance Act, 2009

Income Tax TaxPub Creative Cell

Reading of a project PE

Income Tax TaxPub Creative Cell

Disallowance under section 40(a)(ia) conditions to be met?

Income Tax TaxPub Creative Cell

Interest on refund of excess dividend distribution tax

Income Tax TaxPub Creative Cell

Application of TP comparables ignoring turnover filter

Income Tax TaxPub Creative Cell

Buyback of shares by a closely held company over and above its par value whether it can be read as deemed dividend under section 2(22(d) for assessment year 2011-12?

Income Tax TaxPub Creative Cell

Demurrage paid a resident to a non-resident shipping line in India whether disallowable if no TDS is done due to applicability of section 172?

Income Tax TaxPub Creative Cell

Non-obligated Ex gratia on premature cessation of services -- whether taxable?

Income Tax TaxPub Creative Cell

Reopening under section 263 alleging cost of conversion of leasehold to freehold Nazul land

Income Tax TaxPub Creative Cell

Assessee in default for non-deduction of TDS under section 201 read with section 192 on Leave Travel Concession where part journey leg is outside India

Income Tax TaxPub Creative Cell

Disallowance under section 40(a)(ia) on expenditure incurred in earning capital gains

Income Tax TaxPub Creative Cell

Time reckoning for reinvestment under section 54 -- Whether before return under section 139(1) or under section 139(4) -- Possession not given booking of flat with private builder whether eligible for reinvestment benefit under section 54

Income Tax TaxPub Creative Cell

Domestic cost sharing agreement whether hit by assessing officer 40(a)(ia) -- Is it a reimbursement not warranting TDS

Income Tax TaxPub Creative Cell

Payment of licence fee for use of goodwill by a firm of lawyers -- Allowability

Income Tax TaxPub Creative Cell

Income from agriculture -- Rental income from lease of land for agricultural operations

Income Tax TaxPub Creative Cell

Capital gains or business income

Income Tax TaxPub Creative Cell

Disallowance of interest paid for investment in firm under section 14A alleging that no income nor any interest income arose from the partnership firm

Income Tax TaxPub Creative Cell

FMV substitution for share sale agreement and re-computation of capital gains

Income Tax TaxPub Creative Cell

Allowability of charitable donations under section 80G vs. Disallowance of the same under CSR (Corporate Social Responsibility) spend (Explanation 2 to section 37(1))

Income Tax TaxPub Creative Cell

Income from renting of terrace for erection of mobile antenna tower -- Income from other sources or house property?

Income Tax TaxPub Creative Cell

Reinvestment benefit claim under section 54 on overseas property after due date for filing return under section 139(1)

Income Tax TaxPub Creative Cell

Reopening by PCIT under section 263 alleging exempted capital gains arose out of penny stocks -- Validity -- Certain key points on powers of reopening by PCIT

Income Tax TaxPub Creative Cell

Re-assessment made on same points wherein the earlier post-search assessment made being held void -- Validity

Income Tax TaxPub Creative Cell

Shares held as stock-in-trade and gifted to another corporate -- Taxability at fair value as business income -- Whether corporate can make gift -- Corporate can it be part of family settlement

Income Tax TaxPub Creative Cell

Taxability of interest waived on debentures with non-residents but offset with a discounted share price -- Default for non-deduction of TDS in the case of non-resident payees -- Time limit reckoning

Income Tax TaxPub Creative Cell

Recharacterization of Compulsorily Convertible Debentures (CCD) issued to parent and to AE as Equity -- Disallowance of interest there on under TP/SDT provisions

Income Tax TaxPub Creative Cell

Deemed capital gains under section 50D on transfer of a right to property with consideration thru a self-made affidavit

Income Tax TaxPub Creative Cell

Notional interest on interest free deposit taxability thereof under income from house property under section 23(1)(a) in a sale and leaseback arrangement

Income Tax TaxPub Creative Cell

Claim of short-term capital loss on depreciable asset on demolition without effecting transfer under section 50(2)

Income Tax TaxPub Creative Cell

Business restructuring as gift by a corporate to offshore step down subsidiaries -- Tax evasion by layering -- Transfer pricing adjustments -- Royalty payments to subsidiary by parent whether permissible

Income Tax TaxPub Creative Cell

Refund of excise whether eligible for deduction under section 80-IB -- Whether it is a taxable income or a capital receipt -- Applicability of MAT on the same

Income Tax TaxPub Creative Cell

Allowability of interest deduction under section 24(b) on loans rolled over with private borrowing

Income Tax TaxPub Creative Cell

Tax credit availability under Indo-Japan DTAA Article 23(2) in India on fee for Independent personal services whether debatable

Income Tax TaxPub Creative Cell

Forfeiture of advances on agreement to sell -- Application of section 56(2)(ix) (inserted w.e.f. 1-4-2015) for prior assessment years

Income Tax TaxPub Creative Cell

Depreciation on sub-lease arising out of property leasing business -- Whether allowable as inter head set-off?

Income Tax TaxPub Creative Cell

Share application money is it a capital asset?

Income Tax TaxPub Creative Cell

Disallowance of year-end provisions voluntarily offered due to non-deduction of TDS and subsequent reversal of the same in the books -- Taxability thereof

Income Tax TaxPub Creative Cell

Miscellaneous Application on a Miscellaneous Application possibility

Income Tax TaxPub Creative Cell

International freight forwarding business -- Transfer pricing -- Sustainability of royalty paid to parent -- Disallowance due to non-deduction of TDS on Global Account Manager fees

Income Tax TaxPub Creative Cell

Demand notice with draft assessment order whether invalidates the assessment?

Income Tax TaxPub Creative Cell

Resale price method -- Profitability level index -- Huge Expat salaries non-commensurate to turnover

Income Tax TaxPub Creative Cell

Application of Explanation 10 to section 43(1) on capital support received from Govt. of India to maintain capital adequacy

Income Tax TaxPub Creative Cell

Receipt of unusually large share premium on preference shares in a start-up entity -- Additions under section 68

Income Tax TaxPub Creative Cell

Redemption discount on Foreign currency convertible bonds -- Whether taxable

Income Tax TaxPub Creative Cell

Interest income and commitment fees earned by a German bank -- Taxability in India alleging PE -- Certain concepts on international taxation

Income Tax TaxPub Creative Cell

Partner paying interest on overdrawn capital but not receiving interest on capital balance where there is a credit despite there being a clause for interest on the partnership deed -- Notional taxability thereof

Income Tax TaxPub Creative Cell

Method of computing Capital gains on property acquired thru a JDA

Income Tax TaxPub Creative Cell

Addition of deemed dividend under section 2(22)(e) on net basis

Income Tax TaxPub Creative Cell

Recalling order of ITAT under section 254(2) on principles of equity despite lapse of limitation

Income Tax TaxPub Creative Cell

Spend not claimed as expenditure but as pass through whether hit by section 40(a)(i) disallowance

Income Tax TaxPub Creative Cell

Reimbursement of Seconded employee salaries paid by AE whether subject to TDS disallowance under section 40(a)(i)

Income Tax TaxPub Creative Cell

Cancellation of property sale agreement and assessee claiming refund of paid taxes by filing a revised return arising out of a reassessment and claiming it as a rectification petition

Income Tax TaxPub Creative Cell

Revenue from Intermediary services whether subject to FTS clause under Indo-Sweden DTAA?

Income Tax TaxPub Creative Cell

Clubbing of individual criminal complaints under sections 276-D/276-C/277 on same material and offence

Income Tax TaxPub Creative Cell

Amount received from partnership firm on retirement whether subject to capital gains under section 45(1)

Income Tax TaxPub Creative Cell

"Lump-sum payment to secure lease of land rights whether TDS obligations arise under section 194-I on the same as ""rent""?"

Income Tax TaxPub Creative Cell

Payment of Bonus to Director cum shareholders whether disallowable under section 36(1)(ii) as they were in lieu of dividend

Income Tax TaxPub Creative Cell

Exempted interest on tax free bonds under section 10(15)(iv)(h) whether taxable under MAT provisions?

Income Tax TaxPub Creative Cell

Point of accrual of Income of a non-resident as per DTAA

Income Tax TaxPub Creative Cell

Allowability of section 10AA deduction on suo moto ALP additions offered by the assessee

Income Tax TaxPub Creative Cell

Allowability of interest expense on compulsorily convertible debentures under TP provisions

Income Tax TaxPub Creative Cell

Ultra vires of section 40(a)(iib) before High Court

Income Tax TaxPub Creative Cell

Payment for sponsorship/promotional material to Doctors whether Commission/Brokerage under section 194-H?

Income Tax TaxPub Creative Cell

Revenue recognition -- Mirror imaging -- TDS credit thereon

Income Tax TaxPub Creative Cell

Amendment in section 54F whether to be read as singular property or multiple property under a swap of constructed property for land given in a JDA

Income Tax TaxPub Creative Cell

Reopening under section 263 questioning exempt capital gains based on penny stocks allegations

Income Tax TaxPub Creative Cell

Allowability of Depreciation on goodwill arising on amalgamation

Income Tax TaxPub Creative Cell

Indexation whether from date of allotment or from date of possession?

Income Tax TaxPub Creative Cell

Payments to Tribals whose income is exempt under section 10(26) whether hit by TDS obligation disallowance?

Income Tax TaxPub Creative Cell

Revenue from Intermediary services whether subject to FTS clause under Indo-Sweden DTAA?

Income Tax TaxPub Creative Cell

Cancellation of registration of Trust alleging business activity being pursued

Income Tax TaxPub Creative Cell

"Movie making business -- Amount received from sale of TV rights whether ""receipt on exhibition of film on commercial basis"" under rule 9 of Income Tax Rules"

Income Tax TaxPub Creative Cell

Interest earned on fixed deposits during pre-commencement of project

Income Tax TaxPub Creative Cell

Interest earned on fixed deposits during pre-commencement of project

Income Tax TaxPub Creative Cell

Demand notice with draft assessment order whether invalidates the assessment?

Income Tax TaxPub Creative Cell

Disallowance of payments in cash under section 40A(3)

Income Tax TaxPub Creative Cell

Disallowance of payments in cash under section 40A(3)

Income Tax TaxPub Creative Cell

Project related expenses debited whether subject to TDS under section 40(a)(iii) read with Article 15 (Dependent Personal Services - DPS) of Indo-Dutch DTAA

Income Tax TaxPub Creative Cell

Taxability of Mesne profits

Income Tax TaxPub Creative Cell

Taxability of capital contribution in the hands of a firm under section 56(2)(viia) especially when the capital was used for a legitimate layering arrangement to arrive at a desired financial objective

Income Tax TaxPub Creative Cell

State tax paid overseas whether allowable as a deductible expenditure and is not hit by section 40(a)(ii)?

Income Tax TaxPub Creative Cell

Time charter cross border hiring of vessel -- Whether royalty under Indo-Singapore DTAA

Income Tax TaxPub Creative Cell

Denial of benefits of Article 8 exemption to shipping business under Indo Singapore DTAA citing non-taxability in Singapore and invocation of Limitation of benefits (LOB) Article 24

Income Tax TaxPub Creative Cell

Deductibility of TDS done but not remitted before the end of the financial year on cash basis of accounting

Income Tax TaxPub Creative Cell

Chargeability of Capital gains on Exchange differences under section 45 on Investment made in Forex

Income Tax TaxPub Creative Cell

Capital subsidy credited to Capital reserve instead of adjusting against fixed assets as per Explanation 10 to section 43(1)

Income Tax TaxPub Creative Cell

Shares loaned but not returned -- Sustainability as transfer under capital gains

Income Tax TaxPub Creative Cell

Amendment in Indo Singapore DTAA clause in between the year whereby the old clause with rate for royalty @ 15% was replaced by a new clause with royalty @ 10%. Which rate to apply?

Income Tax TaxPub Creative Cell

Payments to overseas attorneys for IP professional consultancy -- Applicability of TDS obligations thereof under IT Act and under various country DTAA's

Income Tax TaxPub Creative Cell

Non-receipt of rent whether taxable under section 22 when TDS remitted by lessee

Income Tax TaxPub Creative Cell

Depreciation on revalued intangible trademarks post conversion of Partnership firm into Company under section 47(xiii) -- Applicability of section 43(1) Explanation 3 read with 5th proviso to section 32(1).

Income Tax TaxPub Creative Cell

Denial of deduction under section 80JJAA in 3rd year subsequent to recruitment year of new employees citing employees working for less than 300 days in first year - retrospective reading of 4th proviso in section 80JJAA

Income Tax TaxPub Creative Cell

Availing Article 24 Tax credit under Indo-UK DTAA

Income Tax TaxPub Creative Cell

Insertion of second proviso to section 54EC(1) vide Finance Act, 2014 with effect from assessment year 2015-16 capping total investment to Rs. 50 lakhs is prospective

Income Tax TaxPub Creative Cell

Insertion of second proviso to section 54EC(1) vide Finance Act, 2014 with effect from assessment year 2015-16 capping total investment to Rs. 50 lakhs is prospective

Income Tax TaxPub Creative Cell

Special Purpose Vehicle Charges (SPV) and Rehabilitation and recouping (R&R) amounts paid on mining operations under order of Supreme court whether allowable expenditure under section 37(1).

Income Tax TaxPub Creative Cell

If agent is remunerated at Arm's length price does it absolve further attribution of profits in the hands of the Permanent Establishment (PE) of the non-resident

Income Tax TaxPub Creative Cell

Sustainability of AMP expenditure under TP provisions

Income Tax TaxPub Creative Cell

Computerized reservation system in aviation sector -- PE-attribution of income -- DAPE

Income Tax TaxPub Creative Cell

To Sustain addition under section 56(2)(vii)(b)(ii) whether transfer be reckoned from date of agreement or date of registration?

Income Tax TaxPub Creative Cell

Rejection of Books of Accounts

Income Tax TaxPub Creative Cell

Satellite transponder -- Whether royalty under Indo-UK DTAA -- Land Earth Station (LES) whether a place PE -- Static vs. Ambulatory approach of reading DTAA provisions whether empower reading of IT Act amendments into DTAA unilaterally

Income Tax TaxPub Creative Cell

Additions on share premium sustained under section 56(2)(viib) -- Startup

Income Tax TaxPub Creative Cell

Payments for subscription of manuals, flight training, route navigation, parts and service bulletins to non-residents -- Whether subject to TDS under section 195

Income Tax TaxPub Creative Cell

Benchmarking Management/Support fees as NIL under Transfer pricing provisions -- ALP computation and tolerance

Income Tax TaxPub Creative Cell

Indirect transfer of shares outside India and taxability of non-resident in India

Income Tax TaxPub Creative Cell

Sustainability of re-opening under section 147 & 148 -- Summary assessment -- Manually filed revised return ignored by revenue

Income Tax TaxPub Creative Cell

Share premium utilized to wipe of accumulated losses under court approval -- Taxability under MAT

Income Tax TaxPub Creative Cell

Sale of Copyrighted article v. Copyrighted under DTAA

Income Tax TaxPub Creative Cell

Disallowance under section 14A on interest on capital paid to partners of a firm

Income Tax TaxPub Creative Cell

Dividend distribution tax rate in section 115-O does it override DTAA rates (Indo-German)

Income Tax TaxPub Creative Cell

Rectification of order route used for sustaining additions post scrutiny assessment -- Validity

Income Tax TaxPub Creative Cell

Retrospective amendment in law -- Imposing TDS obligations

Income Tax TaxPub Creative Cell

Allowability of employees exclusively for PE of a foreign bank under head office expenditure under section 44C

Income Tax TaxPub Creative Cell

Section 40(a)(ia) disallowances in the case of presumptive income under section 44AD

Income Tax TaxPub Creative Cell

Levy of penalty under section 271AA for non-maintenance of TP documentation on non-resident

Income Tax TaxPub Creative Cell

Lower rate deduction of TDS on immovable property in case of non-resident -- Levy of penalty thereof

Income Tax TaxPub Creative Cell

TP adjustment of notional interest whether hit by DTAA Article No. 11 of Indo Cyprus DTAA

Income Tax TaxPub Creative Cell

Additions under section 56(2)(ix) for advances given for stock-in-trade in real estate business

Income Tax TaxPub Creative Cell

Disallowance under section 40(a)(ia) for non-deduction of TDS under section 194-I on room bookings in a club

Income Tax TaxPub Creative Cell

Divergence in treatment of Leases by lessee under AS-19 -- Invocation of section 263

Income Tax TaxPub Creative Cell

Taxability of reversal of an impairment provision of an Asset Reconstruction Trust as income of an AOP citing an irrevocable trust existence with no definite share with pass thru mechanism under question by revenue

Income Tax TaxPub Creative Cell

Invocation of section 263 revision powers of Commissioner in a case of limited scrutiny assessment under section 143(3)

Income Tax TaxPub Creative Cell

Amount credited to Partner's capital account prior to retirement for goodwill whether taxable as capital gains with cost of acquisition as per section 55(2)(a) as NIL.

Income Tax TaxPub Creative Cell

Alleged Owelty in a Family Settlement vs. Capital gains

Income Tax TaxPub Creative Cell

Allowability of bad debts under section 37(1) or 28(1)

Income Tax TaxPub Creative Cell

Additions for annual value for vacant flats held as stock-in-trade -- Per section 23(5) introduction years

Income Tax TaxPub Creative Cell

Deduction under section 10A/10AA is it prior to set off of carry forward losses or vice versa?; Buy back expenses whether allowable as a business expenditure?

Income Tax TaxPub Creative Cell

Income if excluded under DTAA would it cover losses as well thus question of allowability of carry forward losses of Capital gains there in

Income Tax TaxPub Creative Cell

Exempted incomes under section 10 whether excluded from MAT computation?

Income Tax TaxPub Creative Cell

Attribution of profits in the hands of the non-resident -- Dependent Agency PE (DAPE) alleging Exclusive agency relationship

Income Tax TaxPub Creative Cell

Taxability of reversal of an impairment provision of an Asset Reconstruction Trust as income of an AOP citing an irrevocable trust existence with no definite share with pass thru mechanism under question by revenue

Income Tax TaxPub Creative Cell

Claim of reimbursement -- Not hit by section 40(a)(i) read with section 195

Income Tax TaxPub Creative Cell

Alleged alteration of client code modification (CCM) to corner profits -- Reopening thereof

Income Tax TaxPub Creative Cell

Whether depreciation is mandatory prior to CIT v. Mahendra Mills Ltd. (2000) 159 CTR 381 (SC) : 2000 TaxPub(DT) 1304 (SC) given the wording of Explanation 5 to section 32.

Income Tax TaxPub Creative Cell

Disallowance under section 14A in the books of the foreign bank branch in India on interest paid by Head office -- Head office expenses of the foreign branch of a bank -- TDS disallowance on Nostro account expenses

Income Tax TaxPub Creative Cell

Allowability of section 10A deduction by raising invoices after year end without amending audited accounts

Income Tax TaxPub Creative Cell

Additions under section 68 in the case of presumptive taxation under section 44AD

Income Tax TaxPub Creative Cell

Expat Support services -- Employee salary payment and reimbursement with a mark up to an AE -- Questionability in TP

Income Tax TaxPub Creative Cell

Reassessment under section 147 post block assessment under section 158BC

Income Tax TaxPub Creative Cell

Additions made under different head by Commissioner (Appeals) without giving opportunity to assessee under section 251(2) for enhancement

Income Tax TaxPub Creative Cell

Additions sustained on newspaper reports

Income Tax TaxPub Creative Cell

Section 40A(3) applicability on spend in cash outside India

Income Tax TaxPub Creative Cell

Deemed to be an international transaction -- Scope of section 92B(1) and (2)

Income Tax TaxPub Creative Cell

Retrospective application of Proviso 1 of section 50C

Income Tax TaxPub Creative Cell

Refund of taxes arising out of MAP -- Credit of taxes arising by way of TDS -- Reading of section 199

Income Tax TaxPub Creative Cell

Software licence fees -- Whether royalty under Indo-Singapore DTAA -- Unilateral taxation under IT Act without amending DTAA provisions

Income Tax TaxPub Creative Cell

Revision by PCIT under section 263 pending appeal with Commissioner (Appeals)--Section 56(2)(viib)

Income Tax TaxPub Creative Cell

Commercial growing of flowering plants for export purpose -- Agricultural income

Income Tax TaxPub Creative Cell

Disallowance under section 40(a)(i)/(ia) on depreciation claimed

Income Tax TaxPub Creative Cell

Interest under section 244A on refund of self-assessment tax whether hit by proviso to section 244A(1)(a)

Income Tax TaxPub Creative Cell

Claim of prior-period expenses in current assessment year alleging claim not made in earlier assessment year on a belated return with certain evidences being controverted

Income Tax TaxPub Creative Cell

Dead rent payable in years of no manufacturing when mines were non-operational

Income Tax TaxPub Creative Cell

Addition under section 92C(4) -- Claim of deduction under section 10AA post APA -- Advance Pricing Agreement

Income Tax TaxPub Creative Cell

Due date of payment of TDS whether it relates to the date of credit or date of deposition

Income Tax TaxPub Creative Cell

Transfer pricing interest benchmarking on Fully and Compulsorily Convertible Debentures (FCCD) denominated in INR

Income Tax TaxPub Creative Cell

Notional addition of annual value under income from house property on sub-licensed property

Income Tax TaxPub Creative Cell

Notional addition of interest on sticky loan to related party

Income Tax TaxPub Creative Cell

Swapping of shares of amalgamated company in lieu of shares of amalgamating company -- Shares held as capital asset or as stock in trade -- Whether profit accrues on the transfer as capital asset or as business profits -- Taxability thereof

Income Tax TaxPub Creative Cell

Levy of equalization levy on the PE of a non-resident -- Mutual exclusivity

Income Tax TaxPub Creative Cell

Reassessment with additions sustained under wrong provisions

Income Tax TaxPub Creative Cell

Allowability of carry forward of losses arising from long-term capital loss on sale of shares/equity units

Income Tax TaxPub Creative Cell

Addition under section 56(2)(vii)(b)(ii) for difference in stamp value vs. actual consideration of purchased immovable property

Income Tax TaxPub Creative Cell

Exempted long-term capital gains on sale of shares--Addition under section 68 alleging price rigging arising out of third party statement

Income Tax TaxPub Creative Cell

Reinvestment allowance under section 54F--Co-ownership--Transfer of property held prior to sale--Alleged afterthought--Tax evasion

Income Tax TaxPub Creative Cell

Disallowance of earnest money deposit in the hands of a real estate businessman

Income Tax TaxPub Creative Cell

Capital gains computation vs. Intra head adjustments

Income Tax TaxPub Creative Cell

Revision powers under section 263 invoked for the second time on the same topic--Whether permissible--Addition of share capital with large share premium therein

Income Tax TaxPub Creative Cell

Bonus issue expenses allowability

Income Tax TaxPub Creative Cell

Questioning legality of assessment process under section 144C

Income Tax TaxPub Creative Cell

Additions sustained under section 68 where amounts were not received in the assessment year of appeal

Income Tax TaxPub Creative Cell

Existence of PE -- Movie production -- Alleged of default in TDS

Income Tax TaxPub Creative Cell

Sustainability of addition under section 56(2)(viib) of share premium

Income Tax TaxPub Creative Cell

Transfer pricing addition in freight forwarding business applying Berry ratio

Income Tax TaxPub Creative Cell

Taxability of Sale of carbon credits Certified Emission Reduction (CER) receipt

Income Tax TaxPub Creative Cell

Bogus purchase of machinery -- Addition under section 69

Income Tax TaxPub Creative Cell

Disallowance of depreciation on block of assets -- Converted into stock-in-trade

Income Tax TaxPub Creative Cell

Search and seizure -- Additions on alleged incriminating evidences/documents -- Sustainability

Income Tax TaxPub Creative Cell

Validity of revision powers of Commissioner on erroneous claim of depreciation on alleged intangible asset

Income Tax TaxPub Creative Cell

Assessment in the hands of a non-existent entity

Income Tax TaxPub Creative Cell

Sales Promotional spend to doctors -- CBDT circular validity/retrospectivity -- Section 37(1) explanation thereto.

Income Tax TaxPub Creative Cell

Depreciation on goodwill arising out of a Business transfer agreement dated 20-6-2008 (Assessment Year 2009-10) without claiming it in return but raising the claim before assessing officer for the first time--Allowability.

Income Tax TaxPub Creative Cell

1. Alternate claim of expenditure incurred to increase authorised capital under section 35D instead of section 37(1), 2. Allowability of legal and professional expenses for an aborted IPO.

Income Tax TaxPub Creative Cell

APA roll back on IT/ITES services and claim of section 10AA SEZ benefit thereon

Income Tax TaxPub Creative Cell

Amalgamation in the nature of purchase under court approval -- Sale of shares and capital gains claimed exempt -- MAT treatment -- Question of colourable transaction alleging tax evasion

Income Tax TaxPub Creative Cell

Taxability of amount received arising out of a sub-licensee's right being relinquished

Income Tax TaxPub Creative Cell

Stay powers of ITAT -- Effect of writ questioning constitutionality under Article 226(2) of Constitution of India

Income Tax TaxPub Creative Cell

Suo moto rejection by Commissioner (Appeals) against rectification done by assessing officer to his assessed return in an appeal

Income Tax TaxPub Creative Cell

Belated return -- Carry forward of unabsorbed depreciation under section 32(2) vs. carry forward of business loss interplay

Income Tax TaxPub Creative Cell

Disallowance under section 40A(2)(b) of royalty paid to AE (Associated enterprise) of assessee controverting previous year royalty amounts. Interplay of section 40A(2)(b) vs. TP provisions.

Income Tax TaxPub Creative Cell

Composite letting out whether income from house property or income from other sources?

Income Tax TaxPub Creative Cell

Time limits amended in section 201(3) vide Finance Act 2 of 2014 with effect from 1-10-2014 are these retrospective or prospective?

Income Tax TaxPub Creative Cell

Alleged additions from offshore bank account unearthed in an investigation about Offshore bank accounts with stashed money. Averments proving ownership to assessee -- assessee providing wishy washy rejoinders -- Whose money is it?

Income Tax TaxPub Creative Cell

Disallowance due to non-deduction of TDS on purchase of goods with AE's arising out of a survey alleging PE existence -- Non-discrimination clause of DTAA.

Income Tax TaxPub Creative Cell

Income from business or other sources -- Cessation of business as sick company and leasing of assets in joint operation -- Res judicata principles

Income Tax TaxPub Creative Cell

Reinvestment benefit under section 54 -- Allowability -- Assessee selling two houses and acquiring one residential property

Income Tax TaxPub Creative Cell

Denial of charitable purpose exemption due to commercial activities referring to section 11/12 read with section 2(15) proviso -- Detailed discussion on this topic

Income Tax TaxPub Creative Cell

Post search return filed under section 153A had increased losses due to correction of error noticed in original return --- Whether can be considered by assessing officer/Commissioner (Appeals)?

Income Tax TaxPub Creative Cell

Notice for default in deduction of TDS beyond 6 years on non-resident under section 201(3) validity thereof

Income Tax TaxPub Creative Cell

Profit in lieu of salary under section 17(3) -- Non-compete fee paid to non-resident employees -- TDS default applicability -- DTAA Article 16 scope

Income Tax TaxPub Creative Cell

Developmental rights transferred by civil contractor with part consideration received in assessment year and offered as business income and possession given -- Applicability of capital gains section 2(47)(v) thereof.

Income Tax TaxPub Creative Cell

Capital gains levy on cancellation of sale deed due to non-payment of consideration -- Section 53A of Transfer of Property Act, 1882 interplay -- real income concept in capital gains

Income Tax TaxPub Creative Cell

Reckoning of turnover, how to be applied in case of intra day trade for section 44AB -- Levy of penalty under section 271B thereof

Income Tax TaxPub Creative Cell

Education or higher education cess whether an allowable business expenditure not hit by Section 40(a)(ii) Expenses expressly disallowable

Income Tax TaxPub Creative Cell

Non-resident entity -- Reassessment alleging Place and Agency PE (Permanent Establishment) of its BPO Indian entity bereft those points raised and dealt in scrutiny assessment.

Income Tax TaxPub Creative Cell

Carry forward and set off loss on de-merger by filing revised return -- Decision in favour of assessee

Income Tax TaxPub Creative Cell

Explanation 2 to section 263 scope explained

Income Tax TaxPub Creative Cell

Retrospectivity of Proviso 3 to section 50C(1) thereof

Income Tax TaxPub Creative Cell

Disallowance due to non-deduction of TDS under section 40(a)(i) on overseas guarantee commission -- thereof

Income Tax TaxPub Creative Cell

Concealment Penalty under section 271(1)(c) - assessment order mentioning reason for penalty but notice under section 271(1)(c) not clearly mentioning it - quashing of penalty levy thereof on grounds of incorrect notice issuance

Income Tax TaxPub Creative Cell

Alleged existence of PE and attribution of income on a set of composite contracts - with part of it possibly creating PE subsequently cancelled and rest of the income exclusively coming under scope of Fee for Technical Services (FTS).

Income Tax TaxPub Creative Cell

TDS Obligation on import of goods alleged thru a business connection of a non-resident

Income Tax TaxPub Creative Cell

Port terminal operator claiming deduction under section 80-IA

Income Tax TaxPub Creative Cell

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