Income Tax Tribunal Rulings

'Development charges' for leasehold land rights acquisition not 'rent' u/s 194I

ITAT rules that development charges paid by assessee-lessee towards allotment of industrial plot on lease basis for 99 years not rent, Sec 194I TDS not applicable for AYs 2011-12 and 2012-13; As ...View More

Rejects assessee's claim of taxing interest on IT refund on accrual basis

ITAT rules that interest on income-tax refund u/s 244A taxable in the year when determined and not on accrual basis; During subject AY 2011-12 (i.e in November 2010), assessee was in receipt of income...View More

Allows BSNL's tax-holiday on Rs 4500 cr other-receipts; 'Derived from' conditions absent in Sec 80IA(2A) 

ITAT allows a major relief to Bharat Sanchar Nigam Ltd (BSNL) based on interpretation of Sec 80IA(2A) for tax holiday on telecom business for AY 2004-05; AO had denied Sec 80IA deduction by excluding ...View More

Allows pharma company's expense on free medicine samples distributed to physicians 

ITAT allows deduction u/s 37 for expenditure incurred by assessee (a pharmaceutical company) on distribution of free samples of medicines to physicians for AY 2010-11; Revenue had denied deduction rel...View More

2009-amendment prescribing time-limits for Sec 201 proceedings 'curative'; Disagrees with Mahindra (SB) ratio

ITAT upholds Sec 201(1)/(1A) proceedings on assessee in respect of TDS default on roaming charges for AYs 2003-04 to 2009-10 pursuant to notices issued in February 2009 and order passed in March 2011;...View More

Applies DTAA's non-discrimination article; No Sec 195 TDS on land payments to non-resident 

ITAT rules that assessee (a resident) not liable to deduct TDS u/s 195 on payment for land to a non-resident seller (AY 2006-07), invokes non-discrimination clause under Article 26 on India-US DTAA; U...View More

Holds conditional rental-receipts under contractual obligation as advance, not taxable

ITAT upholds CIT(A) order treating monies received by the assessee (land owner) subject to fulfilment of certain condition as ‘advance’ and not taxable as ‘income from...View More

AO’s suo-motu extension for filing audit-report u/s 142(2A) ‘void’, quashes reassessment being time-barred

ITAT quashes reassessment for AYs 1996-97 to 2000-01 being barred by limitation u/s 153, holds benefit of extended limitation period in terms of Explanation 1 (iii) of Sec 153 not available to AO; ITA...View More

US-television company's Indian distributor creates DAPE; Despite ALP, directs PE's profit-attribution determination 

ITAT rules that NGC India, Indian distributor of NGC Network Asia LLC (‘assessee’, a US company engaged in broadcasting of TV channels in various countries) constitutes assessee’s de...View More

Discovery's entire AMP expenses claim not deductible u/s 37; Distinguishes earlier HC ruling

ITAT rules on Sec 37 deductibility of Discovery India’s (assessee) advertisement expenses relatable to promotion of TV channels of AEs for AY 2010-11; Notes assessee’s total AMP expenses i...View More