1. Agricultural Income |
1
| >> |
| 1 - Growing of banana plants in lab -- Whether agricultural income? |
1
| >> |
| 2 - Growing banana plants in laboratory using tissue culture -- Whether agricultural income |
2
| >> |
| 3 - Income from cultivation of white button mushrooms -- Whether agricultural income under section 2(1A)? |
2
| >> |
| 4 - Income from agriculture -- Rental income from lease of land for agricultural operations |
3
| >> |
| 5 - Test for agricultural income -- Whether lands are to be owned by the assessee |
3
| >> |
| 6 - Commercial growing of flowering plants for export purpose -- Agricultural income |
4
| >> |
| 7 - Minimum Alternate Tax (MAT) on gains on sale of exempt agricultural land |
4
| >> |
2. Amalgamations and Business Combinations |
6
| >> |
| 2.1 Goodwill |
6
| >> |
| 1 - Depreciation on goodwill arising out of amalgamation |
6
| >> |
| 2 - Depreciation on goodwill out of demerger start/trigger year different to appointed date -- Disallowance due to WDV method adopted |
6
| >> |
| 3 - Allowability of depreciation on goodwill arising on amalgamation |
7
| >> |
| 4 - Claim of depreciation on goodwill and intangible assets-post-facto court approved amalgamation scheme |
8
| >> |
| 5 - Allowability of depreciation on goodwill arising out of amalgamation prior to 1-4-2021 |
9
| >> |
| 6 - Depreciation on goodwill arising out of a business transfer agreement dt. 20-6-2008 (Assessment year 2009-10) without claiming it in return but raising the claim before Assessing Officer for the first time -- Allowability |
11
| >> |
| 7 - Depreciation on Goodwill arising out of amalgamation using DCF valuation |
11
| >> |
| 2.2 Slump sale |
12
| >> |
| 1 - Depreciation on goodwill arising out of slump sale |
12
| >> |
| 2 - Difference of consideration minus net assets on slump sale acquisition -- Whether depreciable goodwill under section 32 |
13
| >> |
| 3 - 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 |
13
| >> |
| 4 - Slump sale -- Expenses incurred after commencement of business versus preliminary expenses |
13
| >> |
| 5 - Slump sale or itemized sale |
14
| >> |
| 6 - 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 |
15
| >> |
| 2.3 Buyback |
16
| >> |
| 1 - Applicability of buyback tax under section 115QA prior to 1-6-2016 on court approved capital reduction scheme under sections 100-104 of Companies Act, 1956 |
16
| >> |
| 2 - Buyback or dividend distribution arising out of an amalgamation under sections 391 to 393 of Companies Act, 1956 |
16
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| 3 - (i) Buy back of shares, whether recharacterized as dividend |
17
| >> |
| (ii) Payment to group parent for allotment of ESOP shares -- Allowability -- Whether FBT applied only on vested portion |
17
| >> |
| 4 - Purchase of shares at premium and buy back at par -- Additions to long-term capital gains |
18
| >> |
| 5 - 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? |
18
| >> |
| 6 - (i) Buy back of shares whether re-characterized as dividend |
20
| >> |
| (ii) Payment to group parent for allotment of ESOP shares -- Allowability whether FBT applied only on vested portion |
20
| >> |
| 7 - Buyback taxation under section 115QA r/w section 34A & 46A -- Loss on buy back -- Penalty levy |
20
| >> |
| 2.4 Reorganizations |
| >> |
| 1 - Amalgamation under section 2(IB) -- Corporate reorganization of two level downstream subsidiary -- Taxability |
21
| >> |
| 2 - 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 |
23
| >> |
| 3 - 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 |
24
| >> |
| 4 - Transfer of capital asset by holding to its subsidiary and consequential change in shareholding by parent -- Depreciation claim on transferred value instead of the erstwhile WDV -- Section 47(iv) read with section 43(1) and Explanation 2 to section 43 |
25
| >> |
| 5 - Refund of taxes of an amalgamating company consequential to their filed return being held non-est |
26
| >> |
| 6 - Revaluation of immovable property held as stock-in-trade in a firm credited to partner's current accounts and then firm converted into company. Subsequently 4 such companies merging under a court approved scheme of merger. Taxability for non-complianc |
27
| >> |
| 7 - Claim of depreciation on brand post demerger in the hands of the resultant company |
28
| >> |
| 8 - Reopening under section 147 for past assessment years -- Whether possible in the hands of succeeding LLP of a Pvt. Ltd. Company? |
28
| >> |
| 9 - Fair valuation of assets post Scheme of arrangement approved by High Court whether addition sustainable as revaluation adjustments under MAT provisions under section 115JB |
29
| >> |
| 10 - Deemed dividend arising out of a de-merger |
29
| >> |
| 11 - Claim under section 35DD of amalgamation expenses -- First year of claim, how to be reckoned |
30
| >> |
3. Cross Border/International Transactions |
31
| >> |
| 3.1 Permanent Establishment/Business Connection/Business Incomes |
31
| >> |
| 1 - 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) |
31
| >> |
| 2 - Software license distribution -- Dependent Agent Permanent Establishment (DAPE) -- Remunerating DAPE agent at Arm's length whether it absolves further attribution of income |
32
| >> |
| 3 - Existence of Place, Service, Agency and Project PE based on survey documents and attribution of income -- Indo-China DTAA |
32
| >> |
| 4 - Offshore delivery of goods on CIF in a composite contract done as a consortium -- Income attribution in India |
32
| >> |
| 5 - Assessability whether under section 44BB or section 44DA |
33
| >> |
| 6 - EPC contract whether single contract or split and whether PE exists |
34
| >> |
| 7 - Deletion of disallowance of non-deduction of TDS under section 40(a)(i) consequential to non-existence of DAPE -- Dependant Agent Permanent Establishment |
36
| >> |
| 8 - MAT inclusion of PE income |
37
| >> |
| 9 - Revision alleging Indo Mauritian DTAA-capital losses + PE existence for fund manager |
38
| >> |
| 10 - 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 |
38
| >> |
| 11 - Attribution of profits in the hands of a Liaison Office (LO) |
39
| >> |
| 12 - Computerized ticket reservation system rendered from overseas -- Whether PE exists -- Attribution of income |
40
| >> |
| 13 - Offshore legal firm services through physical presence of employees in India for 120 days but below 90 days after removing holiday period and business development days, whether PE exists under Article 5(6) (a) of Indo-Singapore DTAA? Is a "virtual PE |
41
| >> |
| 14 - Computerized reservation system in aviation sector -- PE -- Attribution of income -- DAPE |
42
| >> |
| 15 - Offshore supply and onshore hiring of mining equipment as lessor -- Taxability of PE -- Attribution of income -- Indo-Singapore DTAA |
43
| >> |
| 16 - Offshore delivery of equipments -- Indo-Singapore DTAA -- PE-Taxability |
44
| >> |
| 17 - Wrong Attribution of income for non-resident -- Scope of section 44BBB -- Application of rule 10 without rejecting books |
45
| >> |
| 18 - Income earned overseas whether taxable in India or can be claimed as exempt if PE exists overseas |
46
| >> |
| 19 - Income, whether taxable under section 44BB or section 115A |
46
| >> |
| 20 - Service tax whether part of section 44BB scope |
47
| >> |
| 21 - Whether service tax forms part of sums received under section 44B for shipping business of a non-resident |
47
| >> |
| 22 - Income, scope of -- Whether incone under section 44BB or section 115A |
47
| >> |
| 23 - Existence of a PE in a turnkey contract |
48
| >> |
| 24 - Compensation for cancelling Champions League T20 tournament -- Whether taxable in India |
49
| >> |
| 25 - Existence of PE (Permanent Establishment) a matter of fact to be proven by revenue -- Offshore delivery of goods is not taxable in India |
50
| >> |
| 26 - TDS Obligation on import of goods alleged through a business connection of a non-resident |
50
| >> |
| 27 - 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%) |
51
| >> |
| 28 - Reading of a project PE |
51
| >> |
| 29 - Levy of equalization levy on the PE of a non-resident -- Mutual exclusivity |
53
| >> |
| 30 - Service PE and force of attraction rule |
54
| >> |
| 31 - 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 |
55
| >> |
| 32 - US LLC -- Pass through entity -- Whether entitled to concessional rate under Indo-US DTAA Article 12 |
56
| >> |
| 33 - 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 |
57
| >> |
| 34 - Attribution of income citing DAPE presence for period prior to global acquisition happening |
60
| >> |
| 35 - Allowability of employees exclusively for PE of a foreign bank under head office expenditure under section 44C |
61
| >> |
| Applicability of section 14A to a bank which earns pass through exempt income on securities which are stock-in-trade |
61
| >> |
| Differential rate of tax on a non-resident vis-a-vis DTAA provisions |
61
| >> |
| Grossing up of presumptively DTAA tax rated income for allowability of head office expenditure |
61
| >> |
| 36 - International freight forwarding/logistics payments, whether fee for technical services warranting TDS under section 195 |
62
| >> |
| 37 - Project PE duration, how to be reckoned |
62
| >> |
| Place PE arising out of survey operation |
62
| >> |
| Conflict of different PE clauses, how to be read |
62
| >> |
| Insurance claim whether connected with exploration to fall in scope of section 44BB |
62
| >> |
| Proportionate income to be attributed under section 44BB for offshore operation due to sections 5 and 9(1) |
62
| >> |
| 38 - Attribution of profits in the hands of the non-resident -- Dependent Agency PE (DAPE) alleging Exclusive agency relationship |
64
| >> |
| 39 - 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 |
67
| >> |
| 40 - Taxability of offshore supply of equipments |
68
| >> |
| 41 - Existence of PE -- Movie production -- Alleged of default in TDS |
68
| >> |
| 42 - Attribution of profit for offshore delivery of goods on FOB basis to assessee nominatedtransporter/carrier but customs clearance and duty payments paid by Indian project PE office and billed back to assessee -- Group company reporting global loss -- |
69
| >> |
| 43 - Interest income and commitment fees earned by a German bank -- Taxability in India alleging PE -- Certain concepts on international taxation |
70
| >> |
| 44 - 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) |
72
| >> |
| 45 - Existence of place PE -- Hongkong entity -- No DTAA year -- Taxability of fee for technical consultancy services as business income |
73
| >> |
| 46 - Scope of section 44BB versus 44DA versus 115A |
74
| >> |
| 47 - Fee for technical services besides PE existence -- Meaning of "effectively connected" -- PE taxation versus Presumptive taxation under section 115A |
75
| >> |
| 3.2 Royalties/Fee for Technical Services/Interest/Passive Incomes |
75
| >> |
| 1 - Providing information technology/administrative services whether subject to Tax as per Article 12(4) of Indo-US DTAA as Fee for included services |
75
| >> |
| 2 - FTS taxability under pre-amended Indo-Mauritius DTAA |
76
| >> |
| 3 - Cross-border telecommunication charges -- Taxability under Indo-US DTAA Article 12(4) fee for included services -- Disallowance for non-deduction of TDS |
76
| >> |
| 4 - Dividend distribution tax rate in section 115-O does it override DTAA rates (Indo-German) |
77
| >> |
| 5 - Management fee -- Whether stewardship fees worthy of disallowance under TP provisions |
79
| >> |
| Dividend distribution tax under section 115-O -- Can it exceed DTAA proposed rates for dividends? |
79
| >> |
| 6 - Taxability of group IT services under Article 12 of the Indo-Dutch DTAA |
79
| >> |
| 7 - Reselling IT licences and servicing/supporting the same post sale through Indian AE entity -- Payment receipts in the hands of the Dutch parent company, whether royalty/FTS under Indo-Dutch DTAA-Article 12 |
80
| >> |
| 8 - Fee for technical testing services-taxability-services performed offshore |
80
| >> |
| Sale of designs and drawings from offshore as part of plant and machinery/process-taxability |
80
| >> |
| 9 - Management fees taxability under Indo-Netherlands -- Article 12 |
81
| >> |
| 10 - Indo-Singapore DTAA Article 13(4) -- Transfer of closely – held shares of Indian company -- Whether transaction is sham -- GAAR applicability |
81
| >> |
| 11 - Management fees/Business support fees -- Indo-Netherlands DTAA Article 12(5) |
82
| >> |
| 12 - Management fees whether "make available" technology for end – use as per Indo-Singapore DTAA -- Article 12(4) |
82
| >> |
| 13 - Sub-licensing of live feed of events, whether copyright subject to royalty under Income Tax Act, 1961 |
82
| >> |
| 14 - Strictures to AO's for not passing orders of DRP |
83
| >> |
| 15 - Principle of Mutuality -- Interest income from Nostro/Vostro with bank branches |
83
| >> |
| 16 - Insertion of Explanation to section 9(1)(v) and payment of interest by an Indian branch to its foreign branch/head office |
84
| >> |
| 17 - FTS payment for earning income from outside India -- No clause in DTAA taxability explained |
85
| >> |
| 18 - Taxability of interest on income-tax refund -- Indo Japan DTAA Article 11(2) |
85
| >> |
| 19 - Payment for leasing of rotables (equipment leasing), whether taxable as royalty under Indo-Netherlands DTAA? |
86
| >> |
| FCCB -- Foreign Currency convertible bond issue expenses -- Spreading of expenditure thereof whether required? |
86
| >> |
| Deferred revenue expense in books but claimed upfront for tax purposes? |
86
| >> |
| 20 - Dividend from offshore entity, whether taxable and whether relief under DTAA is available |
87
| >> |
| 21 - 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) -- Whether for the purpose of earning income f |
87
| >> |
| 22 - Taxability of software as royalty under Indo-Ireland DTAA, Article 12 |
88
| >> |
| Taxability of automated communication network support under Indo-Ireland DTAA, Article 12 |
88
| >> |
| 23 - Reduction of royalty under TP regulations only for sales made to third parties and not to parent by a Captive voice centre BPO |
89
| >> |
| 24 - Reimbursed salary cost of Head Office employees paid by Non-resident Indian Branch disallowance thereto -- Indo Spain DTAA |
90
| >> |
| 25 - Payment for cross-border telecom use of Virtual voice network -- An interconnect facility whether royalty under Indo-UK DTAA |
90
| >> |
| 26 - Web hosting services whether taxable in the hands of a non-resident |
91
| >> |
| 27 - Microsoft and Dell licences bought by parent and sub-licensed to Indian subsidiary -- Taxability |
91
| >> |
| 28 - Services rendered outside India -- Income accruing or arising outside India |
91
| >> |
| 29 - Enhanced consideration on sale of shares arising due to delay -- Whether interest is taxable in India in the hands of a non-resident |
92
| >> |
| 30 - Sale of Basic engineering design specification (BEDS) whether subject to TDS as royalty/FTS |
92
| >> |
| 31 - Allowability of interest expense on compulsorily convertible debentures under TP provisions |
92
| >> |
| 32 - Management fee whether royalty/FTS under Indo-Dutch DTAA |
93
| >> |
| 33 - IT Project software services, whether royalty as per Indo-Singapore DTAA |
94
| >> |
| 34 - Cross-border provision of ILD bandwidth, inter-connectivity (IUC) charges by a non-resident -- Whether royalty as per Indo-Singapore DTAA |
94
| >> |
| 35 - Taxability of Designs and drawings as part of offshore sale of machinery /equipment -- Indo Swiss DTAA |
95
| >> |
| Taxability of supervision/technical consultancy in India alleging non-existence of a PE -- Indo Swiss DTAA |
95
| >> |
| 36 - Secondment fees reimbursed from India, whether Fee for included services as per Indo-US DTAA |
96
| >> |
| 37 - Marketing services from Singapore, whether FTS under Indo-Singapore DTAA Article 12 -- Hotel and hospitality industry |
97
| >> |
| 38 - Taxability of management fees, whether it "makes available" something to be taxed as FTS under Into-Singapore DTAA Article 12(4)(b) |
97
| >> |
| 39 - Cellular roaming and interconnect usage charges -- Taxability as royalty vis-a-vis-India-UK DTAA-Article 13(3) |
98
| >> |
| 40 - Reimbursement of Seconded employee salaries paid by AE, whether subject to TDS disallowance under section 40(a)(i) |
98
| >> |
| 41 - 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 |
99
| >> |
| Independent Personal Services paid to individual consultants read as Fee for technical services (FTS) -- TDS obligations under section 40(a)(i) read with Article 14 (Independent Personal Services) of Indo-Dutch DTAA |
99
| >> |
| Payments received by assessee outside India related to project consulting -- Whether force of attraction is possible in relation to the business income of the Project office in India of the assessee |
99
| >> |
| 42 - 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 |
100
| >> |
| Secondment of employee to India -- Salary paid to offshore entity whether FTS |
100
| >> |
| 43 - Taxability of sub-contracted e-publishing services under Indo-US DTAA |
101
| >> |
| 44 - Taxability of guarantee fees received for guaranteeing group company loans/debt obligations -- Whether taxable as other income under Article 22 of Indo-Korean DTAA |
101
| >> |
| 45 - Supplementary rent/Reserve rent paid for aircraft leasing, whether taxable as royalty under Indo-Ireland DTAA-Article 12 |
102
| >> |
| 46 - Worldwide marketing, advertising and other services to the hotels -- Whether royalty or Fee for Included Services under Indo-US DTAA and taxable in India |
102
| >> |
| 47 - International hotel/hospitality business -- Payment to USA entity for centralized Marketing contribution, Priority club receipts, Reservation contribution, Holidex fees whether royalty? |
103
| >> |
| 48 - Denial of Indo-Mauritius DTAA Capital gains exemption-Article 13(4) |
104
| >> |
| 49 - Architectural design services, whether taxable as royalty/Fee for technical services under article 12(3)/(4) of Indo-Singapore DTAA |
104
| >> |
| 50 - Freight Networking charges in international freight forwarding/ logistics business -- Indo-Dutch DTAA -- Royalty/FTS |
105
| >> |
| 51 - Access to online journals/database, whether royalty/FIS as per Article 12 of the Indo-US DTAA |
106
| >> |
| 52 - Payment of salary in India for employment rendered in Australia by a non-resident employee, whether taxable in Indo-Australian DTAA Article 15(1) DPS |
106
| >> |
| 53 - Secondment of employees from Japan to India -- Taxability as FTS under Indo-Japan DTAA Article 12 |
107
| >> |
| 54 - International freight forwarding business -- Transfer pricing -- Sustainability of royalty paid to parent -- Disallowance due to non-deduction of TDS on Global Account Manager fees |
108
| >> |
| 55 - Distribution of copyrighted software through licensed distributors and resellers -- Treatment as royalty under DTAA |
108
| >> |
| 56 - 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 |
109
| >> |
| 57 - Payment to an offshore entity for Software training expenses for a business outside India -- Disallowance due to non-deduction of TDS |
109
| >> |
| 58 - Taxability of leasing income as royalty from helicopter given on dry lease under Indo-UAE DTAA Article-12 |
110
| >> |
| 59 - Cloud/web hosting services whether taxable as Royalty or as Fee for Included services (FIS) as per Article 12 of the Indo-US DTAA |
110
| >> |
| 60 - Absence of Fee for Technical Services (FTS) clause in Indo-Thai DTAA -- Limitation of benefits clause (LOB) -- Whether business income and in the absence of a PE (Permanent Establishment) cannot be taxed in India? |
111
| >> |
| 61 - Export commission -- Whether managerial services taxable under fee for technical fees -- Indo-Belgian DTAA -- Impossibility of performance |
111
| >> |
| 62 - Whether payment for use of transponders is royalty? Explanations 4, 5, 6 inserted by Finance Act, 2012 whether they are retrospective? Can they whittle down the reading of royalty as per the DTAA overriding the DTAA scope of royalty unilaterally with |
112
| >> |
| 63 - Business expenditure allowability of software used for operations |
114
| >> |
| Addition of service tax CENVAT credit unavailed under section 145A |
114
| >> |
| 64 - No DTAA with Hong Kong -- Taxability of cross-border communication connectivity (band width) charges |
114
| >> |
| 65 - Architectural design services -- Whether Fee for included services under Article 12(4) of Indo-US DTAA and taxable in India |
115
| >> |
| 66 - Foreign news agency collection and dissemination of information within India -- Whether royalty? |
115
| >> |
| 67 - Online database access -- Whether Fee for included services under Indo-US DTAA |
116
| >> |
| 68 - Sale of hardware machine with its embedded software, whether embedded software is royalty taxable in India |
116
| >> |
| 69 - Candidate profiling and technical eligibility screening whether royalty under Indo-UK DTAA |
117
| >> |
| 70 - Software licence fees -- Whether royalty under Indo-Singapore DTAA -- Unilateral taxation under IT Act without amending DTAA provisions |
117
| >> |
| 71 - Licence fee for broadcast/non-broadcasting rights, whether royalty. Amendments in domestic law, whether they override DTAA? |
118
| >> |
| 72 - Design and drawing services whether taxable as royalty/FTS (fee for technical services) per Indo-Singapore DTAA Article 12(4)(b) |
118
| >> |
| 73 - Payroll and other management services, whether make available any technology to fall in the scope of Article 12(4) of Indo-US DTAA |
119
| >> |
| 74 - Reopening of case alleging taxability of fee for technical services received from Indian counterpart under India-Thailand DTAA -- Absence of clause for taxing FTS in DTAA |
119
| >> |
| 75 - 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 is to apply? |
120
| >> |
| 76 - 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 -- Case remanded to AO-Miscellaneous Application alleging order was passed |
120
| >> |
| 77 - 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 |
121
| >> |
| 78 - Cross-border Human Resources screening, background verification services -- Whether taxable as royalty/FTS-Indo-UK DTAA |
121
| >> |
| 79 - Payments to overseas attorneys for IP professional consultancy -- Applicability of TDS obligations thereof under IT Act and under various country DTAA's |
122
| >> |
| 80 - Revenue from Intermediary services, whether subject to FTS clause under Indo-Sweden DTAA? |
123
| >> |
| 81 - Hire income from vessels for oil production/prospecting, whether royalty |
124
| >> |
| 82 - Royalty for Trademark sub-license paid -- Whether capital expenditure creating goodwill via brand value |
124
| >> |
| 83 - Sharing of research information and database, whether royalty? |
125
| >> |
| 84 - Payment to group parent for allotment of ESOP -- Whether allowability of deduction with FBT applied only on vested portion |
125
| >> |
| 3.3 Transfer Pricing |
126
| >> |
| 1 - Royalty and management fee disallowance in TP |
126
| >> |
| 2 - Management fees -- ALP taken as NIL but services provided |
128
| >> |
| 3 - Advancing monies to AEs -- ALP benchmarking -- Expenditure under section 35D -- Allowability |
128
| >> |
| 4 - Recharacterization of strategic investment in preference shares and Overseas Direct Investment (ODI) in offshore entities as loans to AE under TP additions thereto |
129
| >> |
| 5 - Recharacterizing Compulsorily Convertible Debentures (CCD) into Equity on Thin capitalization reasoning -- Disallowing interest to AE in TP |
129
| >> |
| 6 - Money advanced to AE for an offshore acquisition -- TP benchmarking whether possible? |
130
| >> |
| 7 - Applicability of TP provisions to Tonnage Tax Scheme |
130
| >> |
| 8 - AMP spend application of Bright Line Test (BLT) as a rule |
131
| >> |
| 9 - Applicability of transfer pricing provisions to tonnage tax entity |
131
| >> |
| 10 - Transfer pricing adjustments -- Interest on deemed loan by recharacterizing equity into debt -- Depreciation on business rights/ intangible assets |
132
| >> |
| 11 - Royalty to parent whether allowable under TP |
133
| >> |
| 12 - Expat Support Services -- Employee salary payment and reimbursement with a mark-up to an AE -- Questionability in TP |
134
| >> |
| 13 - Benchmarking Management/Support fees as NIL under Transfer pricing provisions -- ALP computation and tolerance limit |
134
| >> |
| 14 - Transfer pricing additions of guarantee fees paid to AE based on ALP benchmarking |
135
| >> |
| 15 - Transfer pricing -- Interest free loan to Associated Enterprise (AE) -- TPO making imputed interest addition Rs. 45.69 crores -- Whether contrary to 'real income' principle thus deserve to be quashed -- Is it a must to have 'real income' to trigger C |
136
| >> |
| 16 - Management fee with only marginal improvement in revenue -- Disallowance thereof of earlier year, Depreciation on non-compete fee -- Pendency of appeal -- Whether disallowance is possible |
138
| >> |
| 17 - Arm's length price (ALP) as determined by ITAT can it be questioned before High Court on grounds of perversity/not in accordance with law |
139
| >> |
| 18 - Adjustment made due to receivables from AEs -- Whether in-built into the TNMM benchmarking |
139
| >> |
| 19 - TP adjustment in freight forwarding agency versus step down sub-agency agreement |
140
| >> |
| 20 - Omission of section 92BA(i) in the statute -- Reopening by PCIT, whether permitted |
141
| >> |
| 21 - Additions to TP based on CUP ignoring geographical variations -- Not questioning assessee's application of Resale price method |
142
| >> |
| 22 - Aggregation of transactions -- Payment of Technical know how whether disallowable outside of TNMM method adoption |
142
| >> |
| 23 - Payments for subscription of manuals, flight training, route navigation, parts and service bulletins to non-residents -- Whether subject to TDS under section 195 |
143
| >> |
| 24 - Sale of Copyrighted article versus Copyrighted under DTAA |
144
| >> |
| 25 - Satellite transponder -- Whether royalty under Indo-UK DTAA -- Land Earth Station (LES), whether a place PE -- Static v. Ambulatory approach of reading DTAA provisions, whether empower reading of IT Act amendments into DTAA unilaterally |
145
| >> |
| 26 - Payment for IT services rendered from India to its offshore AE subsidiaries for offshore customer service delivery-taxability |
146
| >> |
| 27 - Absence of FTS (Fee for Technical services) clause in DTAA -- Taxability under Other income clause -- Indo-Thai DTAA |
146
| >> |
| 28 - Transfer pricing -- Buying house function -- Arm's length price, how benchmarked? |
147
| >> |
| 29 - Transfer pricing addition in freight forwarding business applying Berry ratio |
148
| >> |
| 30 - Transfer pricing interest benchmarking on Fully and Compulsorily Convertible Debentures (FCCD) denominated in INR |
149
| >> |
| 31 - ALP of management fees remanded by ITAT for re-determining the ALP -- Plea to ITAT for instructing the AO/TPO to adopt the most appropriate method in the remand case |
150
| >> |
| 32 - TP adjustment of notional interest, whether hit by Article 11 of Indo- Cyprus DTAA |
150
| >> |
| 33 - Re-characterization of income and potential future income in share capital transaction under TP |
152
| >> |
| 34 - Arm's Length Pricing (ALP) of media rights -- Whether CUP method adopted for one year can be resiled from in another year -- Bundled Sports Broadcasting (BSB) rights, whether these can be cherry picked and evaluated, instead of aggregating the same |
154
| >> |
| 35 - TP additions and MAP impact |
155
| >> |
| 36 - TP addition of royalty at NIL in the case of a deemed AE |
155
| >> |
| 37 - TP addition on account of reimbursement of promotional expenditure of AEs -- Whether amounts to a limited role of agent or more larger of that of a marketing agent |
156
| >> |
| 38 - Resale method versus other method -- Assessee making defence equipment supplies and maintenance -- TP additions based on external comparables applying TNMM thereto |
159
| >> |
| 39 - Sustainability of AMP expenditure under TP provisions |
159
| >> |
| 40 - 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 |
160
| >> |
| 41 - TP addition based on irrelevant comparables |
161
| >> |
| 42 - Allowability of section 10AA deduction on suo moto ALP additions offered by the assessee |
162
| >> |
| 43 - Application of TP comparables ignoring turnover filter |
163
| >> |
| 44 - Inclusion of irrelevant comparable in TP |
163
| >> |
| 45 - TP adjustment on ECB |
164
| >> |
| Grading, packing, fermenting, labelling of Gherkins whether manufacture/ production eligible for section 10B exemption |
164
| >> |
| 46 - TP addition of interest on outstanding receivables with AE |
164
| >> |
| 47 - Pass through costs, whether subject to ALP -- Cost plus method is gross accounting or net accounting? |
166
| >> |
| 48 - Payment of settlement compensation through AE, whether extraordinary item to be excluded for ALP calculation |
167
| >> |
| Loyalty rewards program provision to employee, whether falling in the scope of section 43B |
167
| >> |
| 49 - Corporate guarantees, whether international taxation subject to ALP |
167
| >> |
| 50 - TP benchmarking for a job worker |
168
| >> |
| 51 - Additions in TP due to customs valuation on imports from AE |
168
| >> |
| 52 - Demand notice with draft assessment order, whether invalidates the assessment? |
170
| >> |
| Additions of AMP -- Advertising, Marketing and Promotional spend under TP on brand not owned by the assessee |
170
| >> |
| 53 - Resale price method -- Profitability level index -- Huge Expat salaries non-commensurate to turnover |
171
| >> |
| 54 - Recharacterization of Compulsorily Convertible Debentures (CCD) issued to parent and to AE as Equity -- Disallowance of interest thereon under TP/SDT provisions |
172
| >> |
| 55 - Domestic TP disallowance, whether possible when section 92BA(i) of the Act were "omitted" by Finance Act, 2017 |
172
| >> |
| 56 - Company into software development with comparable into Software development and ITES are not same |
173
| >> |
| 57 - Fixed Interest on loan to Associated Enterprise (AE) based on then ECB regulations -- TP disallowance thereof |
173
| >> |
| 58 - TP disallowance on interest charged to AE in Bahrain -- Benchmarking rate for ALP |
174
| >> |
| Product certification fees paid abroad -- Whether Fee for technical services -- Disallowance due to non-deduction of TDS |
174
| >> |
| Provision for royalty expenses payable abroad -- Disallowance due to non-deduction of TDS |
174
| >> |
| 59 - 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 |
175
| >> |
| 3.4 Most Favoured Nation (MFN) Clause |
176
| >> |
| 1 - Most favoured nation clause -- Applicability of MFN clause without any specific notification from Government |
176
| >> |
| 2 - Most favoured nation clause CBDT circular override of DTAA -- Indo-Sweden DTAA |
176
| >> |
| 3 - Payment of SAP licence on cost-to-cost basis claimed as reimbursement and certain technical services -- Whether subject to TDS/Impact of MFN clause |
177
| >> |
| 4 - MFN clause applicability on management fees and CBDT Circular No. 3/2022 restricting MFN -- Indo-France DTAA r/w Indo-UK DTAA |
182
| >> |
| 3.5 Shipping line/Airline Business |
182
| >> |
| 1 - Non-resident Shipping line business -- Denial of benefit under Indo-Singapore DTAA -- Alleged royalty income from hiring of ships -- Reopening of assessment |
182
| >> |
| 2 - Hire of vessel on Time charter basis with crew -- Whether royalty under Indo-Singapore DTAA |
183
| >> |
| 3 - International Shipping business -- Taxability of Inland haulage charges -- Feeder vessel transportation charges -- Article 9 of Indo-France DTAA -- Alleged taxability due to PE existence |
184
| >> |
| 4 - Shipping line business -- Calling into two Indian ports as part of charter party arrangement -- Denial of benefit of Articles 8 of applying Article 24 (limitation of benefits) of the India Singapore DTAA |
185
| >> |
| 5 - Ship chartering with AE -- CUP method how to be read and applied |
185
| >> |
| 6 - IATP Technical handling services by non-resident airlines, whether taxable in India |
188
| >> |
| 7 - 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 |
188
| >> |
| 8 - Shipping business -- Denial of DTAA benefits as per Indo-Singapore DTAA Article 24 -- Limitation of benefits class |
192
| >> |
| 9 - Payments for time charter of dredgers on wet lease basis -- Whether royalty under Income Tax Act, 1961 |
193
| >> |
| 10 - Time charter cross-border hiring of vessel -- Whether royalty under Indo-Singapore DTAA |
194
| >> |
| 11 - 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? |
196
| >> |
| 3.6 Miscellany |
197
| >> |
| 1 - Income if excluded under DTAA would it cover losses as well thus question of allowability of carry forward losses of Capital gains there in |
197
| >> |
| 2 - APA roll back on IT/ITES services and claim of section 10AA SEZ benefit thereon |
199
| >> |
| 3 - Whether non-resident firm can fall in the scope of section 144C(15)(b) |
200
| >> |
| 4 - Change in Accounting method for loose tools from amortization to consumption method for bona fide reasons -- Expenses thereto |
200
| >> |
| Writing off of bad debts by offsetting provision for bad debt account -- Whether compliant with section 36(1)(viia) |
200
| >> |
| Infrastructure consultancy charges to AE for setting up manufacturing facility in Sanand -- TP disallowance, whether possible? |
200
| >> |
| 5 - Depreciation on non-compete fee |
201
| >> |
| 6 - Denial of tax credit of foreign taxes to a firm of lawyers |
201
| >> |
| 7 - Reinsurance/insurance business -- Reserve for Unexpired risks -- Whether to be treated as unascertained liability to be added for MAT purposes |
202
| >> |
| 8 - Exact 12 months holding period of listed securities -- Whether long-term or short-term capital gains |
203
| >> |
| 9 - Taxability of interest on arbitral award received in India arising out of international arbitration |
205
| >> |
| 10 - Whether supply management services with mark-up is subject to TDS under section 195? |
205
| >> |
| 11 - Whether buy back is a scheme of reorganization is entitled to DTAA benefit under Indo-Netherlands DTAA article 13(5) |
206
| >> |
| 12 - ADR redemption via broker by a non-resident -- Non-granting of TDS credit |
207
| >> |
| 13 - Contingent consideration arising out of business transfer/sale -- Whether taxable in the year of actual receipt or in the year of transfer |
208
| >> |
| 14 - Sharing of income between non-resident parent and Indian branch |
208
| >> |
| 15 - Tax credit availability under Indo-Japan DTAA Article 23(2) in India on fee for Independent personal services, whether debatable |
209
| >> |
| 16 - Dividend income under Indo Malaysian DTAA under old treaty/new treaty -- Para 10 |
210
| >> |
| Whether unilateral tax credit is available as tax credit under MAT liability -- Para 14 |
210
| >> |
| 17 - Taxability of interest waived off 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 of time limit -- Reckoning |
210
| >> |
| 18 - Re-opening of case due to change of opinion -- No new facts-Capital gains-Indo-Singapore DTAA -- Treaty shopping -- Denial of DTAA benefits alleging ownership from USA-piercing of veil |
212
| >> |
| 19 - Levy of concealment penalty post-facto MAP proceedings |
213
| >> |
| 20 - Availing Article 24 Tax credit under Indo-UK DTAA |
213
| >> |
| 21 - 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 |
214
| >> |
| 22 - Exempted interest on tax free bonds under section 10(15)(iv)(h) whether taxable under MAT provisions? |
215
| >> |
| Validity of TP additions of interest income on Convertible preference shares recharacterized as borrowing |
215
| >> |
| Interplay of section 10AA v. section 80-IA(9) read with section 80A(4) |
215
| >> |
| Profits allowable as per section 10AA. Retrospectivity of Explanation to section 10AA |
215
| >> |
| The insertion of Explanation 5 to section 32 post -- Mahendra Mills decision (2000) 243 ITR 56 (SC) : 2000 TaxPub(DT) 1304 (SC) is only prospective and not retrospective, thus assessee is eligible to claim depreciation on the brought forward written down |
215
| >> |
| 23 - (i) State tax paid overseas whether allowable as a deductible expenditure and is not hit by section 40(a)(ii)? |
217
| >> |
| (ii) Claim of foreign tax credit paid overseas, whether it is available even if income is exempt under the Act especially under section 10A/ 10AA etc. |
217
| >> |
| 24 - Refund of taxes arising out of MAP -- Credit of taxes arising by way of TDS -- Reading of section 199 |
219
| >> |
| 25 - Deemed to be an international transaction -- Scope of section 92B(1) and (2) |
220
| >> |
| 26 - Measures to eliminate revenue appeals being dismissed at admission stage itself |
222
| >> |
| 27 - Section 40a(i), whether discriminatory to article 26(3) of Indo-US DTAA |
222
| >> |
| 28 - Foreign rental income from property for a resident-taxability-interplay of DTAA-Indo-Australian DTAA |
223
| >> |
| 29 - Performance guarantee given in infrastructure business to AEs -- TP additions thereto |
223
| >> |
| Arbitration -- Professional fee expenses without arbitral award -- Disallowance thereto |
223
| >> |
| Tax on ESOP perks paid by the employer -- Disallowance as "tax" under section MAT provisions |
223
| >> |
| 30 - Deemed Tax credits due to economic tax incentive -- Indo-Oman DTAA-Article 25 |
224
| >> |
| 31 - (i) Section 40(a)(i) disallowance on depreciation on computer software |
225
| >> |
| (ii) Free IT hardware given by AE -- Taxability under section 28(iv) |
225
| >> |
| 32 - Indirect transfer of shares outside India and taxability of non-resident in India |
225
| >> |
| 33 - Denial of Indo-Cyprus DTAA citing existence of entity was a cloak/sham |
228
| >> |
| 34 - 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 |
228
| >> |
| 35 - 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 |
234
| >> |
| 36 - Addition under section 92C(4) -- Claim of deduction under section 10AA post-APA -- Advance Pricing Agreement |
234
| >> |
| 37 - 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 |
235
| >> |
| 38 - Mistaking Hungarian Forint (HUF) as Hindu Undivided Family (HUF) |
236
| >> |
| 39 - Non-resident taxation-DTAA-tie breaker test application |
236
| >> |
| 40 - Point of accrual of income of a non-resident as per DTAA |
237
| >> |
| 41 - Transfer of shares by a non-resident of Cyprus held in an Indian entity to a resident Indian -- Closely held company with alleged transfer of underlying land forming substantial part of fair value of shares -- Taxability in hands of Indian resident c |
237
| >> |
4. Exempt Incomes/Expenditures Disallowances/Reliefs |
240
| >> |
| 1 - Section 14A disallowances under tonnage tax regime |
240
| >> |
| 2 - 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) r/w rule 2B |
240
| >> |
| 3 - Disallowance under section 14A on interest on capital paid to partners of a firm |
241
| >> |
| 4 - Disallowance under section 14A on substantial dividend income earned with investment value increase due to fair value arising out of amalgamation |
241
| >> |
| 5 - Denial of Deduction under section 10AA (SEZ benefits) due to- |
242
| >> |
| (i) Deduction claimed via revised return of income |
242
| >> |
| (ii) Furnishing the audit report in Form 56F during the assessment proceedings |
242
| >> |
| (iii) Conversion of its status i.e. proprietorship conversion into partnership firm |
242
| >> |
| (iv) Machineries were acquired on lease |
242
| >> |
| (v) Non-remittance of convertible foreign exchange on account of the non-exports |
242
| >> |
| 6 - Rejection of exemption under section 10(23C)(vi) alleging assessee did not solely exist for educational purposes |
243
| >> |
| 7 - Disallowance under section 14A r/w 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? |
244
| >> |
| 8 - 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 |
244
| >> |
| 9 - Disallowance of interest paid for investment in firm under section 14A alleging that no income nor any interest income arose from the partnership firm |
245
| >> |
| 10 - Disallowance under section 14A unwarranted if shares are held as stock-in-trade |
246
| >> |
| 11 - Disallowance under section 14A in case of controlling interest |
246
| >> |
| 12 - Exemptions under section 10(23C)(iiiab) conditions |
247
| >> |
| 13 - Disallowance under section 14A on interest on borrowing, which is invested in firms |
248
| >> |
| 14 - Disallowance under section 14A with no tax exempt income and investments made due to business expediency |
248
| >> |
| 15 - Disallowance under section 14A -- Whether amendment made by Finance Act, 2022 is retrospective |
248
| >> |
| 16 - Section 14A disallowance, whether can be added back for MAT provisions |
249
| >> |
| 17 - 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. 1-4-2021 -- Whether Income from other sources or Capital Gains |
249
| >> |
| 18 - Partner's interest on capital and salary, whether compulsory if mentioned in the deed -- Section 10AA exemption thereto |
250
| >> |
| 19 - Chamber of commerce whether hits by proviso to section 2(15) post assessment year 2009-10 |
251
| >> |
| 20 - Charitable activities -- Buying and selling activities whether hit by proviso to section 2(15), requirement to maintain separate set of books under section 11(4A). Impact of section 13(8) |
251
| >> |
| 21 - Allowability of section 10A deduction by raising invoices after year end without amending the audited accounts |
253
| >> |
| 22 - 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? |
253
| >> |
| 23 - Denial of charitable purpose exemption due to commercial activities referring to sections 11 and 12 read with section 2(15) proviso -- Detailed discussion on this topic |
254
| >> |
| 24 - Award to sportsmen -- Whether exempt from lay? |
255
| >> |
| 25 - Section 80-IA benefit in a block of 10 consecutive years, whether choice at option of assessee |
256
| >> |
| 26 - 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 |
256
| >> |
| 27 - Section 80M pass through dividend v. Section 115O(5) |
257
| >> |
| 28 - Registration of a trust under section 12AA -- Rejection of |
257
| >> |
| 29 - Cancellation of registration of Trust alleging business activity being pursued |
257
| >> |
| 30 - Charitable activity -- Section 2(15) explained |
258
| >> |
| 31 - Deduction under section 80-IC due to revised back CA certificate in Form 10CCB |
259
| >> |
5. Salary Income |
260
| >> |
| 1 - Profit in lieu of salary under section 17(3) -- Non-compete fee paid to non-resident employees -- TDS default applicability -- Scope of Indo-US DTAA Article 16 |
260
| >> |
| 2 - Bonus of a non-resident received when he became a resident -- Denial of tax credit |
260
| >> |
| 3 - Salary income earned in the Exclusive Economic Zone of India aboard a foreign ship, whether taxable in India |
261
| >> |
| 4 - Sign in bonus -- Repaid by subsequent employment -- Addition to income, whether sustainable |
262
| >> |
| 5 - Salary earned abroad by a non-resident -- Taxability in India under Indo-China DTAA-Article 15 |
262
| >> |
6. ESOP Taxation |
264
| >> |
| 1 - ESOP allotment -- Taxability under section 28(iv) for assessment year 2007-08 |
264
| >> |
| 2 - Allowability of ESOP expenses -- ESOP allotments as push down cost from parent entity |
265
| >> |
| Selling goods below wholesale price at a loss -- Whether creating a marketing intangible capital asset worth disallowing |
265
| >> |
| 3 - ESOP allotment -- Sale of shares application of section 49(2AB) subsequently claimed |
265
| >> |
| 4 - ESOP buy back reimbursed to Trust, whether allowable expenditure |
266
| >> |
| 5 - Date of reckoning of ESOPs, whether from date of grant of possession or vesting date -- Rectification of mistake on face of record of ITAT order |
267
| >> |
7. Income from House Property |
268
| >> |
| 1 - Real estate business -- Notional rent on unsold stock-in-trade-years prior to insertion of section 23(5) w.e.f. 1-4-2018 -- Whether business income or Income from house property -- Reopening under section 263 validity |
268
| >> |
| 2 - Renting by letting out of property, whether business income or Income from house property |
268
| >> |
| 3 - Rental income from subletting BOT assets developed in metro station -- Whether Income from house property or business income |
269
| >> |
| 4 - Additions for annual value for vacant flats held as stock-in-trade -- Per section 23(5) introduction years |
269
| >> |
| 5 - Income from letting of mall, whether income from house property or business income |
271
| >> |
| 6 - Notional interest on interest free deposit taxability thereof under income from house property under section 23(1)(a) in a sale and lease back arrangement |
272
| >> |
| 7 - Allowability of interest under section 24(b) on amounts borrowed to pay to clear tenancy right ownership |
272
| >> |
| 8 - Composite letting out whether income from house property or income from other sources? |
273
| >> |
| 9 - Allowability of interest deduction under section 24(b) on loans rolled over with private borrowing |
274
| >> |
| 10 - Deemed house property income from vacant property/space in a mall |
275
| >> |
| 11 - Real estate development business -- Assessee holding unsold inventory as stock-in-trade -- Notional annual letting value -- Taxability whether as income from business or house property |
276
| >> |
| 12 - Notional addition of annual value under income from house property on sub-licensed property |
276
| >> |
| 13 - Income from house property or business income |
277
| >> |
| 14 - Business income or house property income |
278
| >> |
| 15 - Income from house property or business income |
279
| >> |
| Allowability of penal interest on foreclosure of fixed deposits on which interest were offered as income in earlier year on accrual basis |
279
| >> |
8. Capital Gains |
280
| >> |
| 1 - Charitable society selling its land below guideline value applicability of section 50C |
280
| >> |
| 2 - Capital gains on exchange/barter of lands -- Method of computation |
280
| >> |
| 3 - Substitution of FMV of 1-4-2001 for pre-independence ancestral property |
281
| >> |
| 4 - 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) |
281
| >> |
| 5 - Indexation whether from date of allotment or from date of possession? |
282
| >> |
| 6 - Additions under section 45(4) on revaluation of land in the hands of a partnership firm by Commissioner (Appeals) for the first time |
282
| >> |
| 7 - Alleged Owelty in a Family Settlement v. Capital gains |
283
| >> |
| 8 - Chargeability of capital gains on exchange differences under section 45 on investment made in Forex |
285
| >> |
| 9 - 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 |
286
| >> |
| 10 - FMV substitution for share sale agreement and re-computation of capital gains |
287
| >> |
| 11 - 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 |
287
| >> |
| 12 - 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 |
288
| >> |
| 13 - Income whether business or capital gains |
288
| >> |
| 14 - Reinvestment benefit claim under section 54 on overseas property after due date for filing return under section 139(1) |
289
| >> |
| 15 - Deemed capital gains under section 50D on transfer of a right to property with consideration through a self-made affidavit |
290
| >> |
| 16 - Share application money, whether it is a capital asset? |
291
| >> |
| 17 - Claim of short-term capital loss on depreciable asset on demolition without effecting transfer under section 50(2) |
292
| >> |
| 18 - Shares held as stock-in-trade and gifted to another corporate -- Taxability at fair value as business income -- Whether corporate can make gift and whether it can be part of family settlement |
292
| >> |
| 19 - Capital gains or business income |
294
| >> |
| 20 - Capital gains from ESOP, whether short-term or long-term |
296
| >> |
| 21 - Amount received from partnership firm on retirement, whether subject to capital gains under section 45(1) |
296
| >> |
| 22 - Cancelled property deal -- Receipt of consideration thereto as income from other sources |
300
| >> |
| 23 - Retrospectivity of third proviso to section 50C |
300
| >> |
| 24 - Capital gains -- Taxability of property being exchanged as a compromise for failure to transfer certain properties |
301
| >> |
| 25 - Taxability of compensation received for sale of Trademark |
301
| >> |
| Capital loss arising out of surrender of land to Govt. Authorities -- Claim thereof |
301
| >> |
| 26 - Reinvestment under section 54F -- Should it be based on actual consideration or deemed consideration under section 50C? |
302
| >> |
| 27 - Reinvestment benefit under section 54F for investment in the name of assessee's son |
302
| >> |
| 28 - Sale of tenancy rights -- Whether taxable as capital gains |
303
| >> |
| 29 - Disallowance under section 54F citing assessee already owns a house property as stock-in-trade and agricultural lands |
304
| >> |
| 30 - Interest paid for acquiring shares, whether eligible to be forming cost of acquisition as well for indexation |
304
| >> |
| 31 - 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 |
304
| >> |
| 32 - 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 |
306
| >> |
| 33 - 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 |
307
| >> |
| 34 - Fiduciary relationship and Long-term capital gains arising thereto |
308
| >> |
| Sale of right of Easement in an agricultural land -- Taxability thereof |
308
| >> |
| 35 - Retrospectivity of Proviso 3 to section 50C(1) thereof |
309
| >> |
| 36 - 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 |
310
| >> |
| 37 - Simultaneous claiming of reinvestment benefit under sections 54 and 54F |
311
| >> |
| 38 - 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 |
311
| >> |
| 39 - Conversion of capital asset into stock-in-trade and then sold -- Reinvestment under sections 54B and 54F -- Whether limitation time to be counted from date of conversion or date of transfer? |
312
| >> |
| 40 - Short-term capital loss on sale of shares of a private company to relatives -- Disallowance thereof |
313
| >> |
| 41 - Reinvestment benefit under section 54 -- Allowability -- Assessee selling two houses and acquiring one residential property |
314
| >> |
| 42 - Reinvestment in residential house in Canada -- Whether covered under section 54/54F |
314
| >> |
| 43 - Reconstitution of firm amongst partners and then conversion of firm into Company under section 47(xiii) -- Search operations on Company subsequently -- Additions sustained questioning the conversion but with no incriminating documents |
315
| >> |
| 44 - 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 |
315
| >> |
| 45 - 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) subsequently made available retrospective vide Finance Act, 20 |
316
| >> |
| 46 - Hardship allowance -- Taxability thereof |
316
| >> |
| 47 - Proviso to section 50C -- Whether retrospective? |
317
| >> |
| 48 - Retrospective reading of Proviso 1 to section 43CA |
317
| >> |
| 49 - 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 |
318
| >> |
| 50 - Sale agreement of a yet to be delivered property -- Capital gains trigger |
318
| >> |
| 51 - Reinvestment benefit under section 54 |
319
| >> |
| 52 - Section 50C application where returned value is more than stamp value |
319
| >> |
| 53 - Method of computing Capital gains on property acquired through a JDA |
320
| >> |
| 54 - Claim of additional cost of acquisition for indexation benefit due to change in area, stamp duty and interest on home loan paid. |
320
| >> |
| 55 - Sale of rural agricultural land -- Land conversion prior to sale -- Applicability of Section 50C |
321
| >> |
| 56 - Goodwill for entering into a JV, whether taxable as capital gains |
321
| >> |
| 57 - Reopening under section 263 alleging buying and selling of agricultural land within same financial year whether a ploy to thwart capital gains |
322
| >> |
| 58 - Sale consideration reduced on capital gains due to litigation |
322
| >> |
| 59 - Short-term capital loss arising out of subscribed shares at a premium and reselling the same at a negligible value-tax evasion or otherwise |
323
| >> |
| 60 - Denial of deduction under section 54F citing joint ownership of residential property outside India |
323
| >> |
| 61 - Capital gains long-term or short-term -- Right to property exists but possession not being there -- Duration of holding how reckoned |
324
| >> |
| 62 - Joint development agreement (JDA) without granting possession -- Conversion of agricultural land into urban land -- Taxability year thereof |
325
| >> |
| 63 - Deduction under section 54F -- Stamp paper validity whether 6 months |
326
| >> |
| 64 - Invocation of section 50C -- Power of attorney transactions -- Ownership -- Section 53A of Transfer of Property Act, 1882 |
326
| >> |
| 65 - Investment in NHAI bonds for claiming deduction under section 54EC made prior to sale of asset but in two financial years |
327
| >> |
| 66 - AO seeking fresh departmental FMV as on 1-4-2001 without grounds -- Cross-examination -- Sustainability thereof |
327
| >> |
| 67 - Addition of unexplained investment sale by averaging acquisition price |
328
| >> |
| 68 - 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 colourable transaction |
328
| >> |
| 69 - Disallowance of depreciation on block of assets -- Converted into stock-in-trade |
329
| >> |
| 70 - Reinvestment allowance under section 54F -- Co-ownership -- Transfer of property held prior to sale -- Alleged after-thought -- Tax evasion |
331
| >> |
| 71 - Transfer of loan to another entity whether short-term capital loss? |
331
| >> |
| 72 - Addition made on capital gains due to sale of shares at below market prices on off market transaction |
332
| >> |
| 73 - Shares loaned but not returned -- Sustainability as transfer under capital gains |
333
| >> |
| 74 - Capital gains on conversion of capital asset into stock-in-trade and then claiming reinvestment benefit under section 54F |
334
| >> |
| 75 - Retrospective application of Proviso 1 of section 50C |
334
| >> |
| 76 - Application of section 50C in a case where section 45(3) is applied |
335
| >> |
| 77 - Sale of Shares in the JV to JV partner based on future income prospects -- Whether business income or capital gain |
336
| >> |
| Sale of shares to ESOP trust from purchased shares from market and long/short-term capital losses sustained in the process, whether a colourable device to offset capital gains |
336
| >> |
| 78 - Reopening alleging non-invocation of section 50C in the hands of a non-resident assessee -- Year of application of section 50C -- Agreement in one year and transfer in another year |
338
| >> |
| 79 - Reinvestment under section 54 in spouse name by a non-resident assessee during Covid travel embargo |
338
| >> |
| 80 - Indexation beginning from year of bequest or 1-4-1981 |
339
| >> |
| 81 - Conversion of stock-in-trade into capital asset at year beginning by means of a resolution -- Taxability, whether as business income or capital gains |
339
| >> |
| 82 - Transfer of lands to partners at acquired value -- Taxability under section 45(4) in the hands of the firm |
340
| >> |
| 83 - Transfer of property as capital contribution in a LLP below FMV and offsetting the said capital loss against LTCG on sale of shares -- Whether colourable transaction |
341
| >> |
| 84 - Relinquishment amount received from partnership firm for relinquishing share in partnership -- Whether a long-term capital asset and deduction under section 54F will be available? |
341
| >> |
| 85 - Imputation of land as capital contribution in a firm for redevelopment alleging stock-in-trade -- Applicability of section 45(3) |
342
| >> |
| 86 - Disposal of only asset in the block of assets and reconstruction of a new asset-completion in subsequent year -- Whether depreciation allowable -- Reinvestment under section 54 benefit is permitted |
342
| >> |
| 87 - Destruction of capital asset (building) in earthquake -- Claim of capital loss thereto -- Year of claim |
343
| >> |
| 88 - 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 -- Issue of indexation period when does it commence? Does assessee get right of deduct |
344
| >> |
| 89 - 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 |
345
| >> |
| 90 - Long-term Capital gains computation -- Claim of deductibility of interest on borrowed loan as indexed cost of improvement under section 48 thereto |
346
| >> |
| 91 - Unregistered agreement to buy vacant site with right to claim specific performance -- Subsequently sale to a third party with assessee being a confirming party and receiving consideration -- Taxability of -- Whether capital gains or income from other |
346
| >> |
| 92 - Penny stocks case-rejection of exempted capital gains on sale of listed shares |
348
| >> |
| 93 - Valuation of stamp authority v. DVO -- Fair market value as on sale date -- Which one to be adopted |
348
| >> |
| 94 - Time reckoning for reinvestment under section 54 -- Whether before return under section 139(1) or under section 139(4) -- Possession not given on booking of flat with private builder -- Whether eligible for reinvestment benefit under section 54 |
350
| >> |
| 95 - "Full value of the sale consideration" -- Does it refer to actual consideration received only or even deemed consideration under section 50C |
350
| >> |
| 96 - Capital gains computation v. Intra-head adjustments |
351
| >> |
| 97 - Deferred consideration in capital gains |
352
| >> |
| 98 - Revaluation of assets before conversion of firm to company -- Claim of depreciation on intangible assets |
352
| >> |
| 99 - Section 45(4) implication on relinquishment of existing partners in favour of a company |
353
| >> |
| 100 - Non-resident, whether eligible for proviso 2 to section 48 [i.e. indexation benefit] |
353
| >> |
9. Income from Other Sources |
355
| >> |
| 1 - Section 56(2)(viib) exclusion for a Venture capital undertaking |
355
| >> |
| 2 - Deduction under section 57 apportionment -- Criteria, etc. |
355
| >> |
| 3 - Offsetting of interest paid under section 57 against interest income |
357
| >> |
| 4 - 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 |
357
| >> |
| 5 - Interest on enhanced compensation under Land Acquisition Act, 1894 -- Whether partakes texture of compensation and is outside scope of section 145A r/w section 56(2)(viii) and 57(iv) |
357
| >> |
| 6 - Acquisition of properties by a related party entity with constructive possession and consideration preceding the registration/conveyance -- Additions under section 56(2)(x) for difference in the fair market value (FMV) to be applied based on date of |
359
| >> |
| 7 - Compensation from builder for delayed handing of flat -- Whether interest taxable under income from other sources? |
360
| >> |
| 8 - 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 |
361
| >> |
| 9 - Addition under section 56(2)(viib) -- Computation of -- Whether to include share application money pending allotment/ unsecured loan |
364
| >> |
| 10 - Sustainability of addition under section 56(2)(viib) of share premium |
365
| >> |
| 11 - Real estate business -- Interest on enhanced compensation arising out of compulsory acquisition -- Whether taxable as income from other sources with mandatory deduction @ 50% |
366
| >> |
| 12 - To sustain addition under section 56(2)(vii)(b)(ii), whether transfer be reckoned from date of agreement or from date of registration? |
366
| >> |
| 13 - Additions under section 56(2)(ix) for advances given for stock-in-trade in real estate business |
368
| >> |
| 14 - Additions under section 56(2)(viia)(ii) in a negative net worth as per Rule 11U(1) |
369
| >> |
| 15 - Buyback of shares v. Addition under section 56(2)(x) |
369
| >> |
| 16 - 14% Redemption of Cumulative Non-Convertible Redeemable Preference Shares (CNCRPS) -- Conversion of dividend terms into compounding effect with 75% shareholders approval -- Taxability of excess amount as dividend in hands of recipient company |
370
| >> |
| 17 - Addition under section 56(2)(vii)(b)(ii) for difference in stamp value v. actual consideration of purchased immovable property |
370
| >> |
| 18 - Applicability of section 56(2)(viib) to a "deemed" public company as per Companies Act, 2013 |
371
| >> |
| 19 - Redemption of preference shares post-conversion of firm into company to shareholder/partner -- Whether dividend under section 2(22)(d) |
373
| >> |
| 20 - Deemed dividend from group companies under section 2(22)(e) |
375
| >> |
| 21 - Deemed dividend amongst closely-held companies |
376
| >> |
| 22 - Addition of deemed dividend under section 2(22)(e) on net basis |
376
| >> |
| 23 - Claim of depreciation on windmills acquired through a slump sale without operational and slump sale completion |
377
| >> |
| Issue of shares at a premium to parent company basing business projections in DCF method -- Sustainability of additions under section 56(2)(viib) |
377
| >> |
| 24 - Additions under section 56(2)(viib) -- Valuation of a holding company having an offshore property |
378
| >> |
| 25 - 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 |
378
| >> |
| 26 - Additions on share premium sustained under section 56(2)(viib) -- Start-up |
379
| >> |
| 27 - Additions for purchase of Tenancy rights, whether sustainable under section 56(2)(x) |
380
| >> |
| 28 - Company in liquidation -- Surplus monies earning interest -- Claim of expenses under section 57(iii) |
380
| >> |
| Short-term capital gain to be treated as long-term with benefit of concessional tax rate under section 112(1) |
380
| >> |
| 29 - Forfeiture of advances on agreement to sell -- Application of section 56(2)(ix) (inserted w.e.f. 1-4-2015) for prior assessment years |
381
| >> |
| 30 - Taxability under section 56(2)(viib) of share premium from promoters/ shareholders in cash and otherwise -- Non-residents applicability -- Assessing Officer disturbing share valuation of DCF (discounted cash flow) method to (NAV) net assets value met |
382
| >> |
| 31 - 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 |
383
| >> |
| 32 - Section 50C addition in the hands of the buyer under section 56(2)(vii)(b) citing inadequate consideration |
383
| >> |
| 33 - Bonus allotment whether hit by section 56(2)(vii) |
384
| >> |
| Family settlement -- Applicability of section 56(2)(x) |
384
| >> |
10. Taxability/Issues on Taxation |
385
| >> |
| 1 - Interest earned during construction period -- Taxability thereof |
385
| >> |
| 2 - Renting of car -- Whether income from business or income from other sources |
386
| >> |
| 3 - Income from stem cell storage business -- Spread over of income versus in toto taxability in the year of receipt |
386
| >> |
| 4 - Pre-ICDS assessment years -- Revised ICAI Accounting standard-7 (Construction contract) -- AO disturbing income questioning consistent method of accounting employed by assessee from completed contract method to percentage of completion method -- Permi |
387
| >> |
| 5 - 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 |
389
| >> |
| 6 - AOP taxation under section 167B(2)(ii) r/w CBDT Circular No. 551, dt. 23-1-1990 |
390
| >> |
| 7 - Additions sustained on newspaper reports |
390
| >> |
| 8 - Alleged alteration of client code modification (CCM) to corner profits -- Reopening thereof |
391
| >> |
| 9 - Taxability of AOP in the hands of the indeterminate beneficiaries of a Trust as representative assessee -- Trust arising out of a Will |
392
| >> |
| 10 - Additions based on import customs -- Assessable value versus Actual import value |
392
| >> |
| 11 - Taxability of Certified Emission Reductions (CER) |
393
| >> |
| 12 - Upfront receipt by discounting of IDBI bonds, income whether spread over |
393
| >> |
| 13 - 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 through mechanism under question by revenue |
393
| >> |
| 14 - Income from renting of terrace for erection of mobile antenna tower -- Income from other sources or house property? |
399
| >> |
| 15 - Capital gains or Business income |
400
| >> |
| 16 - Expenditure incurred to restructure debt and source strategic investor |
400
| >> |
| Waiver of loan taken to acquire another company, whether capital or revenue in nature |
400
| >> |
| Waiver of loan, whether subject to benefit of section 115JB(6) for a SEZ unit |
400
| >> |
| 17 - Income from fixed deposit, whether business income or income from other sources |
401
| >> |
| 18 - Application of Explanation 3 to section 43(1) |
401
| >> |
| 19 - Waiver of loan which was convertible into preference shares, whether taxable under section 41(1) or section 28(iv) |
402
| >> |
| 20 - Capital gain or business income |
402
| >> |
| 21 - Business income or income from other sources |
403
| >> |
| 22 - PMS scheme, whether business income or capital gains |
403
| >> |
| 23 - Sales return, discount claimed and allowability of expense arising out of subsequent year order |
404
| >> |
| 24 - Commencement of business cut-off and interest taxation prior to commencement |
404
| >> |
| 25 - High seas sale, whether speculative transaction under section 43(5) alleging non-delivery |
405
| >> |
| 26 - Addition of sweat equity issues under section 28(iv) with the said sweat equity shares held to have been issued incorrectly and returned back to the company |
406
| >> |
| 27 - Notional addition of interest on sticky loan to related party |
407
| >> |
| 28 - Receipt of carbon credits, whether taxable |
408
| >> |
| 29 - Taxability of proceeds from sale of Renewable Energy Certificates (REC) issued by CERC -- Central Electricity Regulatory Commission |
409
| >> |
| 30 - Contract Revenue Recognition -- Real income |
410
| >> |
| 31 - Refund of Non-compete and Confidentiality amount, whether deductible from salary |
410
| >> |
| 32 - Additions made with no supportive reasons to controvert -- Thereto |
411
| >> |
| 33 - MAT credit to consider surcharge and education cess |
411
| >> |
| 34 - Arbitral award consequent to termination of an EPC contract -- Taxability |
413
| >> |
| Claim of carry forward and set off of losses not claimed on return |
413
| >> |
| 35 - Disallowance of bank interest paid due to account becoming NPA -- Reconstruction settlement |
414
| >> |
| 36 - Additions under section 2(22(e) -- Deemed dividend basing profits before claiming depreciation -- Sustainability of |
414
| >> |
| 37 - Taxability of retention money -- Consequential to ICDS amendments |
415
| >> |
| 38 - Taxability of Sale of carbon credits -- Certified Emission Reduction (CER) receipt |
417
| >> |
| 39 - State/Sovereign is exempt from taxation -- Is the assessee part of the State thus exempt from taxation? |
418
| >> |
| 40 - What is right of pre-emption, whether it exists -- Right to sue is it a transferable right -- Adjudicated award for right to sue -- Whether a capital gain arising out of relinquishment/extinguishment of an asset? |
418
| >> |
| 41 - Income from business or other sources -- Cessation of business as sick company and leasing of assets in joint operation -- Res judicata principles |
419
| >> |
| 42 - Completed contract method v. Percentage of completion method |
422
| >> |
| 43 - Tax rates as per interim amended section or tax rates as applicable for the said assessment year -- Revision under section 115BBE |
422
| >> |
| 44 - Share premium utilized to wipe of accumulated losses under court approval -- Taxability under MAT |
423
| >> |
| 45 - Unexplained creditors of erstwhile years, whether income? |
423
| >> |
| 46 - Addition made on account of non-distinguishing texture of the by-product |
424
| >> |
| 47 - Treatment of Zero coupon Optionally fully convertible debenture (ZOFCD) under Ind-AS transition under MAT section 115JB(2C) 1/5th spread over |
424
| >> |
| 48 - Disallowance of expense converted into an addition of "income" by Commissioner (Appeals) -- Sustainability of |
424
| >> |
| 49 - Exempted incomes under section 10, whether excluded from MAT computation? |
425
| >> |
| 50 - Taxability of toll revenue in a D.B.F.O.T (Design, Build, Finance Operate and Transfer) project |
432
| >> |
| 51 - Taxability of Mesne profits |
432
| >> |
| 52 - Compensation for cancellation of a contract -- Whether capital or revenue receipt -- Principles determining compensation is of capital or revenue nature |
434
| >> |
| 53 - Interest earned on fixed deposits during pre-commencement of project |
435
| >> |
| 54 - Interest earned on fixed deposits during pre-commencement of project |
436
| >> |
| 55 - Taxability of amount received arising out of a sub-licensee's right being relinquished |
437
| >> |
| 56 - Compensation for foregoing right to sue -- Wherther it is a capital asset taxable as capital gains |
439
| >> |
| 57 - Taxability of liquidated damages/compensation for an yet to commence income earning apparatus -- Whether capital gains taxable under section 55(2)(a) |
440
| >> |
| 58 - Compensation when accruing |
441
| >> |
| 59 - Residuary business -- Additions made on the basis of Form 26AS |
442
| >> |
| 60 - Taxation of subsidy -- Purpose test -- Effect of section 2(24)(xviii) vide Finance Act, 2015 |
442
| >> |
| 61 - Reckoning of turnover, how to be applied in case of intra-day trade for section 44AB -- Levy of penalty under section 271B thereof |
443
| >> |
| 62 - Insertion of section 11(7) vide Finance Act, 2023 w.e.f. 1-4-2023 -- Implications |
444
| >> |
| 63 - Percentage of completion method or Completed Contract method |
444
| >> |
| 64 - Turnover for commodity derivatives under section 44AB. Penalty for failure to get accounts audited under section 44AB |
446
| >> |
| 65 - 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 |
447
| >> |
| 66 - Depreciation claim on assets rented out |
448
| >> |
| 67 - Voluntary payment upon cessation of employment -- Whether profit in lieu of salary taxable under section 17(3)(i) |
449
| >> |
| 68 - Taxability of voluntary compensation paid on employee severance under section 17(3) r/w section 56(2)(xi) (w.e.f. 1-4-2019) |
449
| >> |
| 69 - Non-obligated Ex gratia on premature cessation of services -- Whether taxable? |
449
| >> |
| 70 - Waiver of loan principal portion -- Whether subject to tax under section 28(iv) |
450
| >> |
| 71 - Effect of fraud of earlier years considered in subsequent years |
451
| >> |
| 72 - Allowability of compensation arising out of public damages/tortuous liability distinction between compensation versus punitive -- Exemplary damages |
452
| >> |
| 73 - Ultra vires of section 40(a)(iib) before High Court |
453
| >> |
| 74 - 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 |
454
| >> |
| 75 - Revenue recognition-real estate business-pre-ICDS years |
455
| >> |
| 76 - Contributions received by a private discretionary trust -- Taxability under section 56(2)(vii) alleging that the trust is an "individual" |
457
| >> |
| 77 - Trust taxation of Category-III -- SEBI AIF -- Thereto |
458
| >> |
| 78 - 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 |
458
| >> |
| Disallowance of long-term capital loss citing tax evasion with transfer to related party without controverting evidences |
458
| >> |
| 79 - Income of a revocable Trust |
459
| >> |
| 80 - Payment of compensation for peaceful vacation arising out of an oral sub-lease |
460
| >> |
| 81 - Validity of additions sustained based on report on frauds committed by assessee with no firm amount fixation |
462
| >> |
11. Business Expenditures |
464
| >> |
| 1 - Cross currency swap -- Payment of interest allowability under section 36(1)(iii) -- Hedging transaction, whether speculative in nature |
464
| >> |
| 2 - ESOP/ESPP/ESIP/RSU expense allowance under Income Tax Act, 1961 |
464
| >> |
| 3 - Allowability of application software expenditure |
465
| >> |
| 4 - Capital subsidy credited to Capital reserve, instead of adjusting against fixed assets as per Explanation 10 to section 43(1) |
465
| >> |
| 5 - Sales Promotional spend to doctors -- CBDT Circular No. 5 of 2012 imposing prohibition validity/retrospectivity -- Section 37(1), Explanation thereto |
466
| >> |
| 6 - Allowance of interest paid on customs duty due to infraction of law under section 37(1) r/w Explanations 1 & 3 |
467
| >> |
| 7 - Disallowance due to non-deduction of TDS under section 40(a)(i) on overseas guarantee commission |
468
| >> |
| 8 - Capital or Revenue expenditure -- Spends incurred for acquiring customer contracts and assembled workforce |
468
| >> |
| Tinkering with valuation report questioning valuation report assumptions of certain parameters by Commissioner (Appeals) |
468
| >> |
| 9 - 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) v. TP provisions |
469
| >> |
| 10 - Education or higher education cess whether an allowable business expenditure not hit by section 40(a)(ii) expenses expressly disallowable |
470
| >> |
| 11 - Alternate claim of expenditure incurred to increase authorised capital under section 35D, instead of section 37(1) |
472
| >> |
| Allowability of legal and professional expenses for an aborted IPO |
472
| >> |
| 12 - Payment of licence fee for use of goodwill by a firm of lawyers -- Allowability |
473
| >> |
| 13 - Allowability of bad debts under section 37(1) or section 28(1) |
473
| >> |
| 14 - Disallowance of depreciation under section 40(a)(i)/(ia) -- Non-deduction of TDS |
474
| >> |
| 15 - Dead rent payable in years of no manufacturing when mines were non-operational |
475
| >> |
| 16 - Disallowance under section 40(a)(ia) -- Expenditure incurred in earning capital gains |
476
| >> |
| 17 - Disallowance of payments made in cash under section 40A(3) |
476
| >> |
| 18 - Disallowance of earnest money deposit in the hands of a real estate businessman |
478
| >> |
| 19 - Deduction under section 10A/10AA, whether it is prior to set-off of carry forward losses or vice versa? |
479
| >> |
| Buy back expenses, whether allowable as a business expenditure? |
479
| >> |
| 20 - Disallowance of payments made in cash under section 40A(3) |
479
| >> |
| 21 - Disallowance under section 40(a)(ia) for non-deduction of TDS under section 194-I on room bookings in a club |
481
| >> |
| 22 - Payment of bonus to Directors-cum-shareholders', whether disallowable under section 36(1)(ii) as they were in lieu of dividend |
481
| >> |
| 23 - Depreciation on sub-lease arising out of property leasing business -- Whether allowable as inter head set-off? |
482
| >> |
| 24 - Section 40A(3) disallowance of depreciation on assets purchased in cash |
483
| >> |
| 25 - Disallowance under section 40A(3), whether independent of presumptive taxation |
484
| >> |
| 26 - Redemption discount on Foreign currency convertible bonds -- Whether taxable |
484
| >> |
| Year-end unrealized exchange fluctuations on currency measurement on assets purchased in India in Forex -- Allowability for depreciation on fixed assets |
484
| >> |
| 27 - Claim for interest paid on borrowings under income from other sources while firm returned losses with debit balance in partner's capital account |
485
| >> |
| 28 - Allowability of commission expense on overlapping basis without accounting of sale |
485
| >> |
| 29 - Disallowance for non-deduction of TDS -- Payee declaring income -- Second proviso to section 40(a)(i) and section 40)(a)(ia) |
486
| >> |
| 30 - Domestic cost sharing agreement -- Whether hit by disallowance under section 40(a)(ia) -- Is it a reimbursement not warranting TDS |
486
| >> |
| 31 - Expenses incurred for increasing authorized capital claiming depreciation thereof |
487
| >> |
| 32 - Disallowance under section 36(1)(va) r/w section 2(24)(x) on NPS employee dues |
487
| >> |
| 33 - Disallowance of commission to related parties |
487
| >> |
| 34 - Depreciation claim on Wind Turbine Generator (WTG) by a NBFC |
488
| >> |
| 35 - Payment of commission and ex gratia to directors, whether hit by section 36(1)(ii) |
488
| >> |
| 36 - Replacement of key machinery parts, whether current repairs |
488
| >> |
| 37 - Disallowance of business promotion expense arising out of revision by PCIT by pharma company |
489
| >> |
| 38 - Section 40A(3) on net payments and TDS on melting of gold difference |
490
| >> |
| 39 - Depreciation on leased vehicles |
490
| >> |
| Interest on sticky loans |
490
| >> |
| Allowance of loss on sale of repossessed assets |
490
| >> |
| TP add back on intra-group services -- Management fees |
490
| >> |
| 40 - Allowability under section 35AD |
491
| >> |
| 41 - Allowability of bad debt in chit fund business |
492
| >> |
| Foreman dividend, whether principle of mutuality is available thus exempt from tax |
492
| >> |
| Foreman commission on defaulting non-prized subscribers -- When does it accrue |
492
| >> |
| Royalty paid to parent company for the group brand logo -- Allowability |
492
| >> |
| 42 - Allowability of Keyman insurance in the wake of IRDA Guidelines |
493
| >> |
| 43 - Payment of indemnity -- Whether expenditure wholly concerned with transfer of shares |
493
| >> |
| 44 - Claim of lease rent directly only in income-tax return but not in books |
494
| >> |
| 45 - Claim of rent in a disputed lease |
494
| >> |
| 46 - Disallowance of expense due to non-deduction of TDS on camera attendants hired on ad hoc basis |
495
| >> |
| Interest on delayed payment of taxes, whether penal or compensatory |
495
| >> |
| 47 - Allowability of club expenses |
495
| >> |
| 48 - Ad hoc disallowance on en-route expenses and on sale of scrap trucks |
495
| >> |
| 49 - Payment of interest on release of encumbrance of a business asset -- Allowability |
496
| >> |
| 50 - Recharacterizing salary to Managing Director as professional fees |
496
| >> |
| 51 - Wrong application of section 40A(2)(b) |
496
| >> |
| 52 - Employees' contribution of PF -- Whether covered under section 43B(b) thus allowable if paid before filing return of income |
497
| >> |
| 53 - Section 40(a)(ia) disallowances in the case of presumptive income under section 44AD |
497
| >> |
| 54 - Disallowance under section 40A(2)(b) citing salary paid to employee after TDS retained as unsecured loan in the hands of the payee |
500
| >> |
| 55 - Gifts given for business promotion -- Allowability |
500
| >> |
| 56 - Bad debt allowance for stock broking/investment consultant entities |
501
| >> |
| 57 - Disallowance under section 40A(3), whether attracted due to genuineness of payments |
501
| >> |
| 58 - Disallowance due to non-deduction of TDS under section 40(a)(i) |
501
| >> |
| 59 - Losses sustained due to re-export of goods allowability |
502
| >> |
| 60 - Writing off of advances and inventory arising out of a contract with a related party (AE) -- Allowability thereof |
502
| >> |
| 61 - Insurance sector -- Allowability of expenditure for provision for unsettled claims and for Incurred but not reported (IBNR) claims |
502
| >> |
| 62 - Writing off of Input Cenvat Credit -- Consequential to a departmental service tax audit -- Whether an allowable expenditure under section 37(1) |
503
| >> |
| 63 - Keyman endowment insurance policy in the name of the working partner assigned to the firm -- Whether an allowable expenditure |
503
| >> |
| 64 - Recovery of money business -- Repossession charges through influential persons -- Allowability thereof |
504
| >> |
| 65 - Disallowance of depreciation on goodwill and interest free funds advanced to subsidiaries |
505
| >> |
| 66 - CSR spends claimed under section 80G -- Allowability |
505
| >> |
| Income offered to tax but TDS deducted in the next assessment year on payment -- Timing issue |
505
| >> |
| 67 - Spend not claimed as expenditure but as pass through expense, whether hit by section 40(a)(i) disallowance |
506
| >> |
| 68 - 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 |
507
| >> |
| Expenditure incurred for an aborted ADR issue -- Allowability thereof |
507
| >> |
| 69 - Bad debt written off -- Disallowance suspecting collusion |
508
| >> |
| 70 - Notional interest addition |
508
| >> |
| 71 - Write-off of advance given to vendor for non-supply of goods -- Allowability of |
509
| >> |
| 72 - Notional interest on loans |
509
| >> |
| 73 - Allowability of expenditure before commissioning of rig but after commencement of business |
509
| >> |
| 74 - Spread over of expenditure over many years but TDS effected in one year -- Disallowance for non-deduction of TDS under section 40(a)(ia) |
510
| >> |
| 75 - Treatment of prepaid finance charges -- Whether to be amortized or charged off in the year of incurring as expense? |
511
| >> |
| Treatment of securitization income -- Whether spread over of income is permissible on the financing tenure? |
511
| >> |
| 76 - Claim of reimbursement -- Not hit by section 40(a)(i) read with section 195 |
511
| >> |
| 77 - Payment to retiring partners out of partnership deed covenants -- Whether diversion of income by overriding title |
512
| >> |
| 78 - Allowability of charitable donations under section 80G v. Disallowance of the same under CSR (Corporate Social Responsibility) spend (Explanation 2 to section 37(1)) |
513
| >> |
| 79 - CSR expenses prior to insertion of section 37(1), Explanation 2 |
513
| >> |
| 80 - CSR spend allowance under section 80G |
513
| >> |
| 81 - Claiming CSR spends under section 80G |
514
| >> |
| 82 - 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 |
515
| >> |
| 83 - Retrospective application causing impossibility of performance -- Whether disallowance required |
515
| >> |
| 84 - Allowability of forex hedging losses |
515
| >> |
| 85 - Allowability of interest to sister concerns |
516
| >> |
| 86 - Disallowance under section 40(a)(ia) conditions to be met? |
516
| >> |
| 87 - 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 |
517
| >> |
| 88 - Delay in payment of employee's contribution of PF/ESI by one day due date being Sunday -- Applicability of General Clauses Act and Supreme Court judgment |
517
| >> |
| 89 - 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) |
518
| >> |
| Carbon credits received are these taxable under MAT provisions under section 115JB |
518
| >> |
| 90 - Amortization on berthing wharf owned by Port Trust |
520
| >> |
| 91 - Section 40A(3) applicability on spend in cash outside India |
520
| >> |
| 92 - NBFC Securitizing vehicle mortgage receivables -- Losses thereto -- Allowability of |
521
| >> |
| 93 - Payment of Overseas agency commission -- Disallowance for non-deduction of TDS |
521
| >> |
| 94 - Infrastructure development expenses -- Whether revenue spend or capital spend |
522
| >> |
| Legal expenses -- Whether capital or revenue spend if in relation to plant |
522
| >> |
| 95 - Rectification of interest on refund of income-tax, whether feasible |
522
| >> |
| 96 - 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 |
523
| >> |
| 97 - Expense allowabiliy of Video shooting expenses for tour/travel promotion |
523
| >> |
| Allowability of issue expenses of non-covertible debentures offset against share premium |
523
| >> |
| 98 - Reopening by PCIT -- Assessee LLP alleging claim of remuneration to partners out of capital gains |
524
| >> |
| 99 - Actuary valued post-retirement medical benefits scheme -- Allowability |
525
| >> |
| 100 - Provisions made -- Allowability |
525
| >> |
| 101 - Bonus issue expenses allowability |
526
| >> |
| 102 - Yearly bonus to Directors holding substantial shareholding -- Whether readable as dividend? |
527
| >> |
| 103 - Claim of investment loss against sale of movie rights of the similar investment |
528
| >> |
| 104 - Business acquisition -- Non-compete fee paid -- Whether capital or revenue expenditure |
528
| >> |
| 105 - TDS applicability on -- |
529
| >> |
| (a) ESOP's -- Whether on provision being made for vesting of the ESOP entitlements |
529
| >> |
| (b) Year end provisions made on estimated basis |
529
| >> |
| (c) Dealer discounts recharacterizing as commission |
529
| >> |
| 106 - 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 |
530
| >> |
| 107 - Allowability of year-end provisions as business expenditure |
530
| >> |
| 108 - Commission expenditure to doctors by a pharmacy -- Whether hit by ethical code of conduct of Indian Medical Council and is a disallowable expenditure |
531
| >> |
| 109 - Payment of Service tax liability of earlier years -- Allowability of |
531
| >> |
| 110 - Unabsorbed interest on borrowings(floating rate notes-FRN's) taken for infructuous/abandoned capital projects -- Whether an allowable expenditure? |
532
| >> |
| 111 - Liquidated damages paid for non-performance of contract obligations whether allowable expenditure? |
532
| >> |
| 112 - Rejection of Books of Account due to abnormal operations |
532
| >> |
| 113 - Accounting for arbitral award -- Interest on cash realized based on AS-9 revenue recognition -- Certainty principles |
533
| >> |
| 114 - Management fee paid to holding company -- Disallowance under section 40A(2) |
534
| >> |
| 115 - Bad debt claim in Chit fund funds on terminated chits |
534
| >> |
| 116 - Pharma business -- Sales promotion expenses -- Freebies, sponsorships to Doctors/medical professionals -- Allowability thereof |
535
| >> |
12. Carry Forward and Set off of Losses |
536
| >> |
| 1 - Carry forward and set off of loss out of a revised return under section 139(5) versus loss return under section 139(3) read with section 80 -- Miscellaneous petition seeking specific orders |
536
| >> |
| 2 - Fresh claim of carry forward of past losses arising out of de-merger at assessment stage due to court approved order for de-merger |
536
| >> |
| 3 - Manner of set off in intra-head income of short-term capital loss against short-term capital gains |
537
| >> |
| 4 - Allowability of carry forward of losses arising from long-term capital loss on sale of shares/equity units |
537
| >> |
| 5 - Belated return -- Carry forward of unabsorbed depreciation under section 32(2) versus carry forward of business loss interplay |
539
| >> |
| 6 - Unabsorbed depreciation prior to 1999-2000 -- Time limit to set-off beyond 8 years due to post-facto legislative amendment in section 32(2) |
539
| >> |
| 7 - Forfeiture of convertible share warrants, whether a short-term capital loss |
540
| >> |
| 8 - Denial of capital loss offset against capital gains alleging collusion |
541
| >> |
| 9 - Set off of long-term capital losses against short-term capital gains from depreciable short-term capital asset (residential flat) |
541
| >> |
| 10 - Set off of business loss against income from other sources |
542
| >> |
| 11 - Application of Explanation 10 to section 43(1) -- Receipt of capital support from Govt. of India to maintain capital adequacy |
542
| >> |
| 12 - Existence of business income whether factually correct |
543
| >> |
| 13 - Insertion of amendment to Explanation to section 73 of the Act by Finance (No. 2) Act, 2014, whether retrospective |
543
| >> |
13. Refund/Tax Credits/Interest |
545
| >> |
| 1 - Retracting interest on refund under section 244A via rectification |
545
| >> |
| 2 - Delayed filing of Form 67 for availing tax credit does not invalidate rightful tax credit |
545
| >> |
| 3 - Levy of section 234E prior to 1-6-2015 and inordinate delay in appealing against the same |
546
| >> |
| 4 - Section 234E levy prior to 1-6-2015 |
546
| >> |
| 5 - Computation of section 234B -- Whether tax deductible can be reduced? |
546
| >> |
| 6 - Levy of interest under section 234B arising out of surrender of cash found in a locker |
546
| >> |
| 7 - Levy of interest under section 234C via rectification proceedings under section 154 due to capital gains |
547
| >> |
| 8 - Section 234E levy whether mandatory? |
547
| >> |
| 9 - Interest under section 244A on refund of self-assessment tax, whether hit by proviso to section 244A(1)(a) |
548
| >> |
| 10 - Interest on refund of excess dividend distribution tax |
549
| >> |
| 11 - Interest on refund arising out of self-assessment tax, whether hit by proviso to section 244(I)(aa) |
550
| >> |
14. Unexplained Money, Cash Credits, Investments, Expenditure |
551
| >> |
| 1 - Additions made under section 69 on alleged share investments at face value vis-a-vis book value of shares being substantially more -- No incriminating evidences found during search and seizure operations |
551
| >> |
| 2 - Additions made in reassessment under section 147 based on bank accounts in Geneva -- Validity thereof |
551
| >> |
| 3 - Addition under section 69C due to impairment of goodwill on acquisition of a business |
552
| >> |
| 4 - Penny stock sale by a non-resident with additions sustained as unexplained cash credits under section 68 |
552
| >> |
| 5 - Exempted long-term capital gains on sale of shares -- Addition under section 68 alleging price rigging arising out of third-party statement |
553
| >> |
| 6 - Addition under section 68 for share capital invested by a non-resident |
554
| >> |
| 7 - Notional fair value -- Whether taxable under section 56(2)(viii) or in the alternative be taxed as under section 69/69B |
554
| >> |
| 8 - Admittance of accommodation entry of capital gains under section 68 -- Taxability explained in both parties hands |
555
| >> |
| 9 - Additions under section 68 in the case of presumptive taxation under section 44AD |
556
| >> |
| 10 - Cash credits on advances recovered by a money-lender |
557
| >> |
| 11 - Bogus purchase of machinery -- Addition under section 69 |
557
| >> |
| 12 - Unexplained expenditure versus Unexplained investment |
558
| >> |
| 13 - Search and seizure -- Additions on alleged incriminating evidences/ documents -- Sustainability |
558
| >> |
| 14 - Addition under section 69 -- Unexplained investments based on AIR |
559
| >> |
| 15 - Share capital addition as unexplained cash credit |
560
| >> |
| 16 - Peak credits in multiple banks, how to be recknoned |
560
| >> |
| 17 - Purchase of computer hardware found to be bogus, whether additions sustainable? |
561
| >> |
| 18 - Receipt of unusually large share premium on preference shares in a start-up entity -- Additions under section 68 |
561
| >> |
| 19 - Unproven additions under section 68 |
562
| >> |
| 20 - Addition under section 68 for share capital |
562
| >> |
| 21 - Additions sustained under section 68 where amounts were not received in the assessment year of appeal |
563
| >> |
| 22 - Addition under section 68 on sale of shares in a stock exchange subject to STT |
563
| >> |
| 23 - Bitumen short delivered in carriage -- Whether valuable goods -- Subject to addition under section 69A as unexplained money |
564
| >> |
| 24 - Additions under section 69A/69C based on impounded mobile phone Whatsapp messages/attachments |
564
| >> |
| 25 - Conversion of partnership into firm -- One partner suing the firm citing forgery -- Additions proposed under section 68 in the hands of the firm thereto |
565
| >> |
| 26 - Additions under section 68 r/w section 115BBE due to alleged illegal offshore investment |
566
| >> |
| 27 - Additions under section 68 via reopening on high seas sale made |
566
| >> |
| 28 - Genuineness of valuation report of underlying real estate property in a subsidiary and sustaining additions under section 68 thereto |
567
| >> |
| 29 - 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? |
567
| >> |
| 30 - Addition under section 69A as unexplained money r/w section 115BBE -- Israeli national not having any business in India but simply investing in India by repatriating money from Hong Kong |
568
| >> |
| 31 - E-commerce commission revenue model -- Additions under section 68 |
569
| >> |
| 32 - Addition of share capital and unusually high share premium under section 68 |
569
| >> |
| 33 - Addition on alleged bogus sale under section 68 adjusted by share allotments |
570
| >> |
15. Tax Deduction at Source |
571
| >> |
| 1 - Short allowance of claimed TDS by rectification without giving proper hearing -- Professional income -- Cash basis of accounting -- TDS mismatches |
571
| >> |
| 2 - Overflow of TDS between two assessment years |
571
| >> |
| 3 - TDS for barge transportation in container -- Whether under section 194-I or 194C |
573
| >> |
| 4 - Disallowance of year-end provisions voluntarily offered due to non-deduction of TDS and subsequent reversal of the same in the books -- Taxability thereof |
573
| >> |
| 5 - TDS applicability on reimbursement of secondment charges |
574
| >> |
| 6 - Discount to sister concern, whether commission subject to TDS under section 194H |
574
| >> |
| 7 - TDS on distributor/stockist discount and on directors sitting fees for period prior to 1-7-2012 |
575
| >> |
| 8 - Penalty under section 271C -- Whether leviable for delayed remittance of TDS |
575
| >> |
| 9 - Reasonable cause for levy of penalty under section 271C |
576
| >> |
| 10 - TDS applicability on no VAT charged invoices |
576
| >> |
| 11 - TDS challan bearing one day's delay -- Interest levy under section 201(1A) |
577
| >> |
| 12 - Payment aggregator whether he is the person liable to withhold Tax as person liable to pay? |
577
| >> |
| 13 - TDS applicability on transmission/wheeling charges |
578
| >> |
| 14 - Sale of bought out software by a software reseller is not subject to TDS both within India or outside India |
578
| >> |
| 15 - 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 |
579
| >> |
| 16 - Delayed allotment or plot/land to buyers -- Whether interest subject to TDS under section 194A |
580
| >> |
| 17 - Notice for default in deduction of TDS beyond 6 years on non-resident under section 201(3) validity thereof |
580
| >> |
| 18 - Interest under section 201 & 201(1A) for short deduction of TDS on immovable property sold by a non-resident |
580
| >> |
| 19 - 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 |
581
| >> |
| 20 - TDS on Passenger service fee (PSF) and amounts held back by credit card companies |
581
| >> |
| 21 - Non-granting of TDS credit due to credit notes issued subsequent to invoices being raised |
582
| >> |
| 22 - TDS credit due to delay in receipt of Form 16A -- Rectification thereof |
582
| >> |
| 23 - Payments to Tribals whose income is exempt under section 10(26) -- Whether hit by TDS obligation disallowance? |
583
| >> |
| 24 - TDS under section 194-I -- Applicability on lease premium |
583
| >> |
| 25 - Lump-sum payment to secure lease of land rights, whether TDS obligations arises under section 194-I on the same as "rent"? |
583
| >> |
| 26 - Cross-border payment for web hosting services, whether subject to TDS |
584
| >> |
| 27 - Revenue recognition -- Mirror imaging -- TDS credit thereon |
584
| >> |
| 28 - Deduction of TDS v. non-receipt of income -- Whether taxable? |
585
| >> |
| 29 - TDS on hire purchase |
585
| >> |
| 30 - Limitation for proceedings under section 201(1) for assessment year prior to insertion of section 201(3) vide Finance Act, 2009 |
586
| >> |
| 31 - Tips to employee, whether subject to TDS |
586
| >> |
| 32 - Due date of payment of TDS -- Whether it relates to the date of credit or date of deposition |
587
| >> |
| 33 - Payment for 2D/3D seismic report/assessment -- Whether subject to TDS |
588
| >> |
| 34 - TDS whether under section 194C or 194J on -- |
588
| >> |
| – Payments for broadcasting and production of telecasting programmes |
588
| >> |
| – Placement charges to cable operator/DTH operators for last rung of broadcasting |
588
| >> |
| – Up-linking charges from earth station to satellites for onward broadcasting |
588
| >> |
| 35 - Retrospective amendment in law -- Imposing TDS obligations |
588
| >> |
| 36 - Claim of TDS credit spread over -- Based on the percentage of completion method |
589
| >> |
| 37 - Payment for sponsorship/promotional material to Doctors -- Whether Commission/Brokerage under section 194-H? |
590
| >> |
| 38 - Claim of TDS of amalgamating company in the hands of the amalgamated company |
590
| >> |
| 39 - Payment for professional consulting whether subject to TDS thus disallowable under section 40(a)(ia) |
591
| >> |
| 40 - Bill discounting charges -- Whether commission is subject to TDS under section 194H -- Whether interest is subject to TDS under section 194A |
591
| >> |
| 41 - Default for non-deduction of TDS under section 194-IA on purchase of immovable property with multiple sellers not crossing the TDS threshold |
592
| >> |
| 42 - Minimum guarantee payments -- Whether subject to TDS |
592
| >> |
| 43 - Performance warranty given by offshore parent whether interest subject to TDS |
592
| >> |
| 44 - Error in E-TDS system process issues not to penalize assessee |
593
| >> |
| 45 - Deductibility of TDS done but not remitted before the end of the financial year on cash basis of accounting |
593
| >> |
| 46 - Lower rate deduction of TDS on immovable property in case of non-resident -- Levy of penalty thereof |
594
| >> |
| 47 - Time limits amended in section 201(3) vide Finance Act, 2014 with effect from 1-10-2014 -- Whether these are retrospective or prospective? |
595
| >> |
| 48 - Applicability of TDS on THC/IHC paid to shipping lines, customs agents was subject to TDS under section 194C |
596
| >> |
| TDS applicability under section 194 on deemed dividend |
596
| >> |
| 49 - Granting of tax credit despite default of non-payment of TDS by deductor |
596
| >> |
| 50 - Transaction fee by members to stock exchange whether fee for technical services subject to TDS. Meaning of Technical fees in section 9(1)(vii) |
597
| >> |
| 51 - Non-receipt of rent whether taxable under section 22 when TDS remitted by lessee |
598
| >> |
| 52 - Non-granting of TDS credit due to the deductor entering the wrong assessment year -- Remedy thereto |
599
| >> |
| 53 - Assessee held default for non-deduction of TDS arising out of lower tax deduction certificates obtained in erstwhile TAN Nos. |
599
| >> |
16. Assessment/Rectification/ Revision |
600
| >> |
| 1 - 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 proceedings on an entirely different topic |
600
| >> |
| 2 - Revision by PCIT under section 263 pending appeal with Commissioner (Appeals) -- Section 56(2)(viib) |
601
| >> |
| 3 - Dismissal of revision under section 263 by ITAT and subsequent Order by AO based on appeal -- Commissioner (Appeals) dismissing the same -- Validity |
602
| >> |
| 4 - Wrongly returning exempt income and claiming section 89(1) relief whether a rectification permissible under section 154 |
603
| >> |
| 5 - Assessment in the hands of a non-existent entity |
603
| >> |
| 6 - Scope of section 245 |
603
| >> |
| 7 - Stay powers of ITAT -- Effect of writ questioning constitutionality under Article 226(2) of Constitution of India |
604
| >> |
| 8 - Non-filing of Form 10-IE under new regime of taxation without business income -- Assessment year 2023-24 -- Applicability of new regime thereto |
605
| >> |
| 9 - MAT levy in the case of a company under liquidation |
605
| >> |
| 10 - 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 |
607
| >> |
| 11 - Failure to disclose exempt agricultural income (mushroom farming) in exempt income schedule of return -- Whether rectification possible under section 154 |
609
| >> |
| 12 - Reopening of case for not considering DVO report under section 142A -- Non-co-operation of assessee |
609
| >> |
| 13 - Reopening under section 263 alleging cost of conversion of leasehold to freehold Nazul land |
610
| >> |
| 14 - Rectification of order route used for sustaining additions post scrutiny assessment -- Validity |
610
| >> |
| 15 - Recalling order of ITAT under section 254(2) on principles of equity despite lapse of limitation |
611
| >> |
| 16 - Sustainability of re-opening under section 147 & 148 -- Summary assessment -- Manually filed revised return ignored by revenue |
611
| >> |
| 17 - Option to avail new regime of taxation under section 115BAC -- Filing of Form 10-IE in earlier assessment year |
612
| >> |
| 18 - Carry forward and set off loss on de-merger by filing revised return |
612
| >> |
| 19 - Explanation 2 to section 263 scope explained |
613
| >> |
| 20 - Invoking section 263 in a case involving section 45(5A) |
616
| >> |
| 21 - Change only in rate of tax but not income -- Draft order made under section 144C(1) sustainability prior to assessment year 2020-21 |
616
| >> |
| 22 - Levy of tax at 40% instead of section 115BAA(5) at 22% |
617
| >> |
| 23 - Conduct of the assessee -- Dismissing of appeal thereto |
618
| >> |
| 24 - Multiple assessment conflicting revision orders during pendency of appeal before Commissioner (Appeals) |
618
| >> |
| 25 - Time barred TP assessment after transfer of case due to change in jurisdiction |
619
| >> |
| 26 - Reopening of an assessment on grounds of prejudicial to the interests of the revenue as well as on various grounds |
619
| >> |
| 27 - 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 |
620
| >> |
| 28 - Revision under section 263 pending appeal before Commissioner (Appeals) on same topic |
621
| >> |
| 29 - Reassessment on question of share acquisition not being at fair value |
621
| >> |
| 30 - Notice under section 143(2) issued on next day to limitation as per law due to limitation date being a Sunday -- Validity |
622
| >> |
| 31 - Reopening post-facto order of Commissioner (Appeals) -- Doctrine of merger |
622
| >> |
| 32 - Stay petition in the case of disproportionate demand |
623
| >> |
| 33 - Revision under section 263 based on cash flow hedge accounting |
623
| >> |
| 34 - Additions made under different heads by Commissioner (Appeals) without giving opportunity to assessee under section 251(2) for enhancement |
623
| >> |
| 35 - Electronic evidence-remand-second round case |
624
| >> |
| 36 - Search and seizure -- Whether orders of unabated/completed assessment years can be reopened in the absence of any incriminating evidences under section 153A r/w sections 132 & 132A |
624
| >> |
| 37 - Revision under section 263 pending rectification request under section 154 |
625
| >> |
| 38 - Satyam computers confession and reopening/reassessment of family member's assessments |
626
| >> |
| 39 - Condoning delay of more than 5000 days in filing appeals -- Innumerable litigations -- Change of fortunes |
627
| >> |
| 40 - Multiple assessments for same year with appeals post-facto search and seizure operations -- Sustainability of additions thereto |
628
| >> |
| 41 - Allowance of MAT credit -- PCIT questioning the same via revision under section 263 |
628
| >> |
| 42 - Dismissal of revenue's appeal by ITAT citing case being below monetary limit and then subsequent discovery of Commissioner (Appeals) of having delivered the judgment as functus officio -- Revenue claiming reinstatement of the appeal |
631
| >> |
| 43 - Invocation of section 263 revisionary powers of Commissioner in a case of limited scrutiny assessment under section 143(3) |
631
| >> |
| 44 - Divergence in treatment of Leases by lessee under AS-19 -- Invocation of section 263 |
632
| >> |
| 45 - Reopening under section 263 questioning exempt capital gains based on penny stocks allegations |
633
| >> |
| 46 - Reassessment with additions sustained under wrong provisions |
634
| >> |
| 47 - Limitation under section 153(3) does it encompass section 144C |
634
| >> |
| 48 - Claim of disallowance in expense in deductions under section 80-IB raised afresh in appeal |
635
| >> |
| 49 - 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 |
635
| >> |
| 50 - Reassessment under section 147/148 subsequent to revision proceedings initiated twice under section 263 |
636
| >> |
| 51 - Raising fresh claim via rectification under section 154 post-facto judicial decision |
636
| >> |
| 52 - Rectification post-facto Apex Court decision within time limit under section 154 -- Validity |
637
| >> |
| 53 - Suo moto rejection by Commissioner (Appeals) against rectification done by Assessing Officer to his assessed return in an appeal |
637
| >> |
| 54 - Alleged over invoicing of coal imports through related parties under customs regulations -- Expense disallowance via reopening |
638
| >> |
| 55 - Reversionary powers under section 263 alleging wrong value adopted for FMV as per section 56(2)(viib) |
638
| >> |
| 56 - Reopening under section 263 citing omission to apply section 45(3) read with section 50C on capital contribution of agricultural land in an unregistered firm (subsequently registered) and land offered as stock-in-trade |
639
| >> |
| 57 - 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 |
640
| >> |
| 58 - Admissibility of additional evidence under rule 46A |
641
| >> |
| 59 - 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 |
641
| >> |
| 60 - Miscellaneous application on a miscellaneous application possibility |
642
| >> |
| 61 - Re-opening questioned post section 143(1)(a) with no scrutiny assessment -- Selling of shares of in lieu of non-compete agreement -- Setting off of external debt obligations with income from capital gains, whether diversion of income by overriding ti |
642
| >> |
| 62 - Writ remedy, whether possible after participating in reassessment proceedings |
644
| >> |
| 63 - Service of notice of reassessment for validation of proceedings |
644
| >> |
| 64 - Prior period expense disallowance via rectification proceedings |
645
| >> |
| 65 - Error in claiming foreign tax credit -- Wrong plotting entry by E-return intermediary, whether rectification under section 154 |
646
| >> |
| 66 - 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 |
646
| >> |
| 67 - Reassessment without serving a valid notice under section 148 |
647
| >> |
| 68 - Filing of Form 10-IE for availing new regime, whether directory or mandatory? |
647
| >> |
| 69 - Re-assessment made on same points, wherein the earlier post-search assessment made being held void -- Validity |
647
| >> |
| 70 - 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 |
648
| >> |
| 71 - No action on a rectification petition within time limit under section 154(8) -- Whether grievance redressal communication is an appealable order to Commissioner (Appeals) |
649
| >> |
| 72 - 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)? |
650
| >> |
| 73 - Validity of revision under section 263 -- Powers of Commissioner on erroneous claim of depreciation on alleged intangible asset |
650
| >> |
| 74 - Clubbing of individual criminal complaints under sections 276D/ 276C/277 on same material and offence |
652
| >> |
| 75 - Interest on refund until date of receipt -- Whether a rectification proceeding |
652
| >> |
| 76 - Questioning legality of assessment process under section 144C |
653
| >> |
| 77 - 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 |
654
| >> |
| 78 - New regime of taxation under section 115BAC, applicability on a belated return [Assessment year 2022-23] |
655
| >> |
| 79 - Validity of re-assessment consequential to rent revision with retrospective effect |
656
| >> |
| 80 - Rectification -- Scope of section 154 |
657
| >> |
| 81 - Rectification on reassessment on point of original assessment whether time barred |
657
| >> |
| 82 - Audit under RBI regulations, whether equivalent to tax audit for return filing timelines |
658
| >> |
17. Penalties |
659
| >> |
| 1 - Penalty for concealment arising out of search -- Change in method of accounting from completed contract method to percentage of completion method |
659
| >> |
| 2 - Penalty for mis-reporting of income -- Carry forward of loss arising out of income from other sources |
659
| >> |
| 3 - 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) |
660
| >> |
| 4 - Levy of penalty under section 271C for non-deduction of TDS as per section 194-IA, whether automatic |
661
| >> |
| 5 - 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 |
661
| >> |
| 6 - Accrual of income method consistently followed -- Concealment penalty levied, whether sustainable |
662
| >> |
| 7 - Penalty under section 221 -- Does it warrant an order under section 143(1) or 143(3) for assessee to be held in default |
662
| >> |
| 8 - Concealment penalty tests/conditions for upholding levy |
663
| >> |
| 9 - Penalty under section 271D/271E |
664
| >> |
| 10 - Penalty under section 271G when imposable |
665
| >> |
| 11 - Penalty under section 271C if quantum assessment fails |
666
| >> |
| 12 - Concealment penalty for MAT provisions |
666
| >> |
| 13 - Concealment penalty with defective show cause |
667
| >> |
| 14 - Concealment penalty in TP addition under section 271(1)(c) Explanation 7 |
667
| >> |
| 15 - Penalty levy under section 271B |
668
| >> |
| 16 - 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 |
669
| >> |
| 17 - Penalty under section 272A(2)(k) |
670
| >> |
| 18 - Levy of penalty for wrong stock estimation and VAT payment |
670
| >> |
| 19 - Concealment penalty, whether leviable |
670
| >> |
| 20 - Levy of penalty under section 271G due to delay in submitting TP documentation |
671
| >> |
| 21 - Levy of penalty under section 271AAB in an assessment under section 143(3) read with section 153C |
671
| >> |
| 22 - Levy of penalty under section 271AA for non-maintenance of TP documentation on non-resident |
671
| >> |
| 23 - Penalty for concealment under section 271(1)(c) for receipt of compensation for loss of business/income source |
672
| >> |