CIT v. Kotak Securities Ltd.

383 ITR 1Supreme Court of India2016#451 most cited

What is CIT v. Kotak Securities Ltd. authority for?

Fees for technical services under Section 9(1)(vii) can include payments for fully automated services even without direct human interface, as modern technological developments blur the specific human element in such processes.

203

judgments rely on this decision, according to BharatTax’s citation analysis of 367,244 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Kotak Securities Ltd. · section 9(1)(vii) · fees for technical services · FTS · automated services · human interface · section 40(a)(ia) disallowance · make available condition · DTAA · software

Also reported as

67 Taxmann.com 356239 Taxmann 139

Sections most often in play

Section 9(1)(vii)Section 143(3)Section 40(a)(ia)Section 194JSection 144C(3)Section 40(a)(i)Section 37Section 115JB
Read the full judgment

Issues it is cited on

section 194jsection 9(1)(vii)section 194hsection 40a(ia)fees for technical servicesdisallowance under section 40(a)(ia)section 92ca(1)section 9(1)section 90(2)section 9(1)(vi)section 194tested party

Judgments citing CIT v. Kotak Securities Ltd.

Vodafone Essar Mobile Services Ltd., New Delhi vs. JCIT, New Delhi

In the result, the appeal is partly allowed

ITA 5143/DEL/2011[2008-09 (F.Y.-2007-08)]Status: DisposedITAT Mumbai26 Nov 2024

Bench: Shri Narendra Kumar Billaiya & Shri Rahul Chaudharyassessment Year: 2003-04 Assessment Year: 2011-12 Vodafone Mobile Assistant Commissioner Services Limited Of Income Tax Circle C-45, 51(1) Okhla Indusrial Area, Vs. Aayakar Bhawan, Phase Ii, Distt. Centre, New Delhi- 110020 Laxmi Nagar, Pan: Aaacs4457Q New Delhi. Appellant : Respondent Assessment Year: 2008-09 Assessment Year: 2009-10 Assessment Year: 2010-11 Vodafone Mobile Joint Commissioner Of Services Limited Income Tax Circle 51(1) C-45, Aayakar Bhawan, Okhla Indusrial Area, Vs. Distt. Centre, Phase Ii, Laxmi Nagar, New Delhi- 110020 New Delhi. Pan: Aaacs4457Q Appellant : Respondent

For Appellant: RespondentFor Respondent: Ms. Vatsala Jha (PCIT)
Section 194Section 194HSection 194JSection 9(1)(vii)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “J” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER AND SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER Assessment Year: 2003-04 Assessment Year: 2011-12 Vodafone Mobile Assistant Commissioner Services Limited of Income Tax Circle c-45, 51(1) Okhla Indusrial Area, Vs. Aayakar Bhawan, Phase II, Distt. Centre, New Delhi- 110020 Laxmi Nagar, PAN: AAACS4457Q New Delhi. Appellant : Respondent Assessment Year: 2008-09 Assessment Year: 2009-10 Assessment Year: 2010-11 Vodafone Mobile Joint Commissioner of Services Limited Income Tax Circle 51(1) c-45, Aayakar Bhawan…

Vodafone Essar Mobile Services Ltd., New Delhi vs. ACIT, New Delhi

ITA 5142/DEL/2011[2003-04 (F.Y. 2002-03)]Status: DisposedITAT Mumbai26 Nov 2024

Bench: Shri Narendra Kumar Billaiya & Shri Rahul Chaudhary

Section 194Section 194HSection 194JSection 9(1)(vii)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “J” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER AND SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No.5142/D/2011 Assessment Year: 2003-04 ITA No.5146/D/2011 Assessment Year: 2011-12 Vodafone Mobile Services Limited Assistant Commissioner of Income Tax Circle 51(1) c-45, Okhla Indusrial Area, Vs. Phase II, New Delhi- 110020 PAN: AAACS4457Q Appellant Aayakar Bhawan, Distt. Centre, Laxmi Nagar, New Delhi. Respondent ITA No.5143/D/2011 Assessment Year: 2008-09 ITA No.5144/D/2011 Assessment Year: 2009-10 ITA No.5145/D/2011 Assessment Year: 2010-11 V…

The Deputy Commissioner of Income Tax, Circle - 2(1), Mangalore vs. Karnataka Bank Limited., Mangalore

In the result, the appeal of the assessee is partly allowed for statistical purposes and the revenue’s appeal is dismissed

ITA 161/PAN/2019[2015-16]Status: DisposedITAT Bangalore30 Sept 2024AY 2015-16

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member Assessment Year : 2015-16

For Appellant: Shri Ananthan S. & Smt. Lalitha Rameswaran, CAsFor Respondent: Shri D.K. Mishra, CIT(DR)(ITAT), Bengaluru
Section 115JSection 14ASection 234BSection 36(1)(vii)Section 36(1)(viia)Section 40Section 41(4)

…appreciate the fact that the provisions TDS are not applicable to these payments. 4.2 The learned CIT(A) failed to appreciate the fact that the issue is squarely covered by the Hon’ble Supreme Court decision in the case of CIT vs Kotak Securities Ltd - [2016] 383 ITR 1 (SC) 5. The learned Assessing Officer erred in adding an amount of Rs. 14,94,21,888/- being the expenditure incurred in relation to exempted income to the Book Profit computed u/s 115JB. 5.1 The learned Assessing Officer failed to appreciate the fact that no disallowance can be made u/s 14A. 5.2 Without prejudice to the above. the learned Assessing…

M/S. Karnataka Bank Limited, Mangaluru vs. The Deputy Commissioner of Income Tax. Circle- 2(1), Mangaluru

In the result, the appeal of the assessee is partly allowed for statistical purposes and the revenue’s appeal is dismissed

ITA 1107/BANG/2019[2015-16]Status: DisposedITAT Bangalore30 Sept 2024AY 2015-16

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member Assessment Year : 2015-16

For Appellant: Shri Ananthan S. & Smt. Lalitha Rameswaran, CAsFor Respondent: Shri D.K. Mishra, CIT(DR)(ITAT), Bengaluru
Section 115JSection 14ASection 234BSection 36(1)(vii)Section 36(1)(viia)Section 40Section 41(4)

…appreciate the fact that the provisions TDS are not applicable to these payments. 4.2 The learned CIT(A) failed to appreciate the fact that the issue is squarely covered by the Hon’ble Supreme Court decision in the case of CIT vs Kotak Securities Ltd - [2016] 383 ITR 1 (SC) 5. The learned Assessing Officer erred in adding an amount of Rs. 14,94,21,888/- being the expenditure incurred in relation to exempted income to the Book Profit computed u/s 115JB. 5.1 The learned Assessing Officer failed to appreciate the fact that no disallowance can be made u/s 14A. 5.2 Without prejudice to the above. the learned Assessing…

Cma Cgm Agencies India Private Limited, Elphinstone Road-West, Mumbai vs. Deputy Commissioner of Income Tax, Circle 1(1), Pune

In the result, the appeal filed by the assessee stands partly allowed

ITA 1454/PUN/2023[2013-14]Status: DisposedITAT Pune22 Aug 2024AY 2013-14

Bench: Shri G. D. Padmahshali & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1454/Pun/2023 िनधा"रण वष" / Assessment Year : 2013-14 Cma Cgm Agencies India Vs. Dcit, Circle-1(1), Pune. Private Limited, One International Centre, Tower-3, 8Th Floor, Senapati Bapat Marg, Elphistone Road- West, Mumbai- 400013. Pan : Aadcc3951G Appellant Respondent Assessee By : Mahenov Thakkar Revenue By : Shri Nitin Patil Date Of Hearing : 24.07.2024 Date Of Pronouncement : 22.08.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.11.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2013-14. 2. The Appellant Raised The Following Grounds Of Appeal :- “Disallowance Under Section 40(A)(Ia) Of The Act Amounting To Rs.4,86,77,518/- 1. Erred In Upholding The Action Of The Learned Assessing Officer (‘Ao’) & Holding That Payment Of It Services To Be In The Nature Of Royalty Under Section 9(1)(Vi) Of The Act/ Fees For Technical Services Under Section 9(1)(Vii) Of The Act;

For Appellant: Mahenov ThakkarFor Respondent: Shri Nitin Patil
Section 143(2)Section 143(3)Section 194JSection 195Section 271(1)(c)Section 40Section 9(1)(vi)Section 9(1)(vii)

…ssessee for non deduction of tax at source by invoking the provisions of section 40(a)(ia) of the Act. This issue is no more res integra as the same is settled in favour of the assessee by the Hon’ble Supreme Court in the case of CIT Vs. Kotak Securities Ltd. 383 ITR 1 (SC) wherein it was held that the charges paid towards leased line are not in the nature of Technical services within the meaning of section 9(1)(vii) of the Act. The relevant paragraphs of the judgment of Hon’ble Apex court read as under : “5. The relevant provisions of the Act which have a material bearing to the issues arising for determination…

M/S. Idea Cellular Limited, Indore vs. The DCIT (TDS), Indore

Appeals are allowed

ITA 111/IND/2015[2013-14 (Quarter 4)]Status: DisposedITAT Indore01 Aug 2024

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 194Section 194HSection 194JSection 201(1)

…was the decision of the Apex Court in the case of CIT v. Bharti Cellular Ltd. [2010] 193 Taxman 97/[2011] 330 ITR 239 (SC); and the another was the decision of the Apex Court in the case of CIT v. Kotak Securities Ltd. [2016] 67 taxmann.com 356/239 Taxman 139/383 ITR 1 (SC) and it was submitted that if the observations made by the Apex Court in the above referred decisions are considered, the decision of the Tribunal would be unsustainable and consequently, the questions may arise for consideration before this Court in the present appeals. 9. We may record that in the decision of the Apex Court in the case of Bha…

M/S. Idea Cellular Limited, Indore vs. The DCIT (TDS), Indore

Appeals are allowed

ITA 110/IND/2015[2013-14 (for first three quarter)]Status: DisposedITAT Indore01 Aug 2024

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 194Section 194HSection 194JSection 201(1)

…was the decision of the Apex Court in the case of CIT v. Bharti Cellular Ltd. [2010] 193 Taxman 97/[2011] 330 ITR 239 (SC); and the another was the decision of the Apex Court in the case of CIT v. Kotak Securities Ltd. [2016] 67 taxmann.com 356/239 Taxman 139/383 ITR 1 (SC) and it was submitted that if the observations made by the Apex Court in the above referred decisions are considered, the decision of the Tribunal would be unsustainable and consequently, the questions may arise for consideration before this Court in the present appeals. 9. We may record that in the decision of the Apex Court in the case of Bha…

M/S. Idea Cellular Limited, Indore vs. The DCIT (TDS), Indore

Appeals are allowed

ITA 109/IND/2015[2012-13]Status: DisposedITAT Indore01 Aug 2024AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 194Section 194HSection 194JSection 201(1)

…was the decision of the Apex Court in the case of CIT v. Bharti Cellular Ltd. [2010] 193 Taxman 97/[2011] 330 ITR 239 (SC); and the another was the decision of the Apex Court in the case of CIT v. Kotak Securities Ltd. [2016] 67 taxmann.com 356/239 Taxman 139/383 ITR 1 (SC) and it was submitted that if the observations made by the Apex Court in the above referred decisions are considered, the decision of the Tribunal would be unsustainable and consequently, the questions may arise for consideration before this Court in the present appeals. 9. We may record that in the decision of the Apex Court in the case of Bha…

DCIT 4(1), Mumbai vs. Deutsche Equities India P.Ltd, Mumbai

ITA 8033/MUM/2011[2005-06]Status: DisposedITAT Mumbai08 Jul 2024AY 2005-06

Bench: SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Anil SantFor Respondent: Shri P.J. Pardiwala
Section 143(3)Section 14ASection 40Section 92D

…IN THE INCOME TAX APPELLATE TRIBUNAL "I" BENCH, MUMBAI SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER Deutsche Equities India Private Limited, Ground Floor, D.B. House, Hazarimal Somani Marg, Fort, Mumbai - 400001 [PAN: AABCD7551M] …………. Assessee The Additional Commissioner of Income Vs Tax, Range – 4(1), Mumbai, Aayakar Bhavan, M.K. Marg, …………. Mumbai - 400020 Respondent Deputy Commissioner of Income Tax, 4(1), Mumbai, 6th Floor, Room No. 640, Aayakar Bhavan, Mumbai – 400020 …………. Assessee Vs Deutsche Equities India Private Limited, Ground Floor, D.B. House, Hazarimal Somani Marg,…

Springer Nature Customer Service Center Gmbh, Germany vs. ACIT Circle 3(1)(2) Intl Tax New Delhi, Intl Tax New Delhi

In the result, both the appeals of the assessee are allowed

ITA 3307/DEL/2023[2021-22]Status: DisposedITAT Delhi05 Jul 2024AY 2021-22

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Appellant: Sh. Himanshu Sinha, Adv. &For Respondent: Sh. Vijay B. Vasanta, CIT-DR
Section 143(3)Section 234ASection 234BSection 270A

…onresident entity, in that case, concerned merely procurement of export orders. 9.3 Under the Commissionaire Agreement, both managerial and consultancy services, as also technical services, involve human intervention. [See CIT v Kotak Securities Ltd., [2016] 383 ITR 1(SC)]. The services provided by the respondent/assessee under the Commissionaire Agreement, which include order handling, inventory management, debtor management and subscription management, involve human effort and hence took the colour of a managerial and so-called consultancy service. Similarly, marketing and sale services also involve an element…

Springer Nature Customer Service Center Gmbh, Germany vs. ACIT-3(1)(2) Int. Taxation, Delhi

In the result, both the appeals of the assessee are allowed

ITA 2420/DEL/2023[2020-21]Status: DisposedITAT Delhi05 Jul 2024AY 2020-21

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Appellant: Sh. Himanshu Sinha, Adv. &For Respondent: Sh. Vijay B. Vasanta, CIT-DR
Section 143(3)Section 234ASection 234BSection 270A

…onresident entity, in that case, concerned merely procurement of export orders. 9.3 Under the Commissionaire Agreement, both managerial and consultancy services, as also technical services, involve human intervention. [See CIT v Kotak Securities Ltd., [2016] 383 ITR 1(SC)]. The services provided by the respondent/assessee under the Commissionaire Agreement, which include order handling, inventory management, debtor management and subscription management, involve human effort and hence took the colour of a managerial and so-called consultancy service. Similarly, marketing and sale services also involve an element…

Cma Cgm Agencies (India) Private Limited, Elphinstone Road West, Mumbai vs. Assistant Commissioner of Income-Tax, Circle 1(1), Pune

In the result, the appeal filed by the assessee is allowed

ITA 1456/PUN/2023[2017-18]Status: DisposedITAT Pune01 Jul 2024AY 2017-18

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1455 & 1456/Pun/2023 "नधा"रण वष" /Assessment Years : 2015-16 & 2017-18

For Appellant: Shri Vidur Munjal &
Section 143(3)Section 194JSection 28Section 40Section 9Section 9(1)(vii)

…ssessee for non deduction of tax at source by invoking the provisions of section 40(a)(ia) of the Act. This issue is no more res integra as the same is settled in favour of the assessee by the Hon’ble Supreme Court in the case of CIT Vs. Kotak Securities Ltd. 383 ITR 1 (SC) wherein it Technical services within the meaning of section 9(1)(vii) of the Act. The relevant paragraphs of the judgment of Hon’ble Apex court read as under : “5. The relevant provisions of the Act which have a material bearing to the issues arising for determination in the present appeals may now be noticed. Section 194J; Section 40(a)(ia)…

Cma Cgm Agencies (India) Private Limited, Elphinstone Road West, Mumbai vs. Income Tax Officer, Ward - 1(2), Pune

In the result, the appeal filed by the assessee is allowed

ITA 1455/PUN/2023[2015-16]Status: DisposedITAT Pune01 Jul 2024AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1455 & 1456/Pun/2023 "नधा"रण वष" /Assessment Years : 2015-16 & 2017-18

For Appellant: Shri Vidur Munjal &
Section 143(3)Section 194JSection 28Section 40Section 9Section 9(1)(vii)

…ssessee for non deduction of tax at source by invoking the provisions of section 40(a)(ia) of the Act. This issue is no more res integra as the same is settled in favour of the assessee by the Hon’ble Supreme Court in the case of CIT Vs. Kotak Securities Ltd. 383 ITR 1 (SC) wherein it Technical services within the meaning of section 9(1)(vii) of the Act. The relevant paragraphs of the judgment of Hon’ble Apex court read as under : “5. The relevant provisions of the Act which have a material bearing to the issues arising for determination in the present appeals may now be noticed. Section 194J; Section 40(a)(ia)…

Clsa India P. Ltd, Mumbai vs. Asst CIT Ltu, Mumbai

In the result, the appeal filed by the assessee is partly allowed

ITA 6232/MUM/2014[2005-06]Status: DisposedITAT Mumbai22 May 2024AY 2005-06

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Clsa India Pvt. Ltd. Asst. Cit Ltu 29Th Floor, Centre 1 World Trade Formerly Known As Clsa India Ltd. Vs. 8/F Dalamal House, Nariman Point, Centre, Cuff Parade, Mumbai Mumbai-400 021 Pan/Gir No. Aaacc 2262 K (Assessee) : (Respondent) : Shri Mukesh Bhutani, Assessee By Ms. Karishma Phatarpekar, Shri Paras Savla : Shri Akhtar H. Ansari, Sr. Ar & Respondent By Shri A. K. Ambastha, Sr. Ar Date Of Hearing : 23.02.2024 Date Of Pronouncement : 22.05.2024

Section 250Section 92CSection 92C(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND MS. KAVITHA RAJAGOPAL, JM CLSA India Pvt. Ltd. Asst. CIT LTU 29th Floor, Centre 1 World Trade Formerly Known as CLSA India Ltd. Vs. 8/f Dalamal House, Nariman Point, Centre, Cuff Parade, Mumbai Mumbai-400 021 PAN/GIR No. AAACC 2262 K (Assessee) : (Respondent) : Shri Mukesh Bhutani, Assessee by Ms. Karishma Phatarpekar, Shri Paras Savla : Shri Akhtar H. Ansari, Sr. AR & Respondent by Shri A. K. Ambastha, Sr. AR Date of Hearing : 23.02.2024 Date of Pronouncement : 22.05.2024 O R D E R Per Kavitha Rajagopal, J M: This ap…

Volvo Information Technology Ab, Sweden vs. DCIT Circle Intl. Taxation 3(1)(1), New Delhi

In the result, the appeal is partly allowed for statistical

ITA 2169/DEL/2023[2020-21]Status: DisposedITAT Delhi07 May 2024AY 2020-21

Bench: Shri Saktijit Dey, Vice- & Dr. B.R.R. Kumarassessment Year: 2020-21

Section 143(3)Section 144CSection 153(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘D’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, VICE-PRESIDENT AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2020-21 Volvo Information Vs. DCIT, Technology AB, Circle- Intl. Taxation-3(1)(1), 5, 40508 Gothenburg, New Delhi Goteborg, Sweden PAN :AADCV2382G (Appellant) (Respondent) Assessee by Sh. Ajay Vohra, Sr. Advocate Ms. Shaily Gupta, CA Ms. Soumya Jain, CA Department by Ms. Banita Devi Naorem, CIT (DR) Date of hearing 19.04.2024 Date of pronouncement 07.05.2024 ORDER PER SAKTIJIT DEY, VICE-PRESIDENT Captioned appeal has been filed by the assessee ch…

Idea Cellular Limited, Indore vs. DCIT TDS, Indore

ITA 265/IND/2018[2010-11]Status: DisposedITAT Indore23 Apr 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

Section 194HSection 194JSection 201Section 201(1)Section 250Section 254(2)Section 263

…was the decision of the Apex Court in the case of CIT v. Bharti Cellular Ltd. [2010] 193 Taxman 97/[2011] 330 ITR 239 (SC); and the another was the decision of the Apex Court in the case of CIT v. Kotak Securities Ltd. [2016] 67 taxmann.com 356/239 Taxman 139/383 ITR 1 (SC) and it was submitted that if the observations made by the Apex Court in the above referred decisions are considered, the decision of the Tribunal would be unsustainable and consequently, the questions may arise for consideration before this Court in the present appeals. 9. We may record that in the decision of the Apex Court in the case of Bha…

M/S. Idea Cellular Limited, Indore vs. The CIT (TDS), Bhopal

ITA 415/IND/2014[2010-11]Status: DisposedITAT Indore23 Apr 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

Section 194HSection 194JSection 201Section 201(1)Section 250Section 254(2)Section 263

…was the decision of the Apex Court in the case of CIT v. Bharti Cellular Ltd. [2010] 193 Taxman 97/[2011] 330 ITR 239 (SC); and the another was the decision of the Apex Court in the case of CIT v. Kotak Securities Ltd. [2016] 67 taxmann.com 356/239 Taxman 139/383 ITR 1 (SC) and it was submitted that if the observations made by the Apex Court in the above referred decisions are considered, the decision of the Tribunal would be unsustainable and consequently, the questions may arise for consideration before this Court in the present appeals. 9. We may record that in the decision of the Apex Court in the case of Bha…

The Commissioner of Income Tax - International Taxation -3 vs. Service Now Nederland Bv

ITA/143/2024HC Delhi18 Mar 2024

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

Section 9Section 9(1)(vii)

…since assessee had merely granted access to software, it does not fall within the definition of FTS even as per the Act. In this regard, analogy could be drawn from the decision of Hon’ble Supreme Court the case of (CIT vs Kotak Securities Ltd reported in 383 ITR 1 (SC) wherein it was held that service made available by Bombay Stock Exchange [BSE Online Trading (BOLT) System] 'for which transaction charges are paid by members of BSE are common services that every member of Stock Exchange is necessarily required to avail of to carry out trading in securities in Stock Exchange such services do not amount…

Jbm Auto Ltd., New Delhi vs. Addl. CIT, Range- 13, New Delhi

In the result, appeal is partly allowed

ITA 5835/DEL/2017[2014-15]Status: DisposedITAT Delhi21 Feb 2024AY 2014-15

Bench: SHRI SAKTIJIT DEY (Vice President), SHRI M. BALAGANESH (Accountant Member)

Section 14A

…assessee’s own case in assessment years 2010-11 to 2012-13 (supra), wherein, the Coordinate Bench has held as under: “13 We find that now this issue stands settled by the Hon’ble Supreme Court in the case of CIT Vs. Kotak Securities Ltd. reported in (2016) 383 ITR 1 (SC), wherein the Hon’ble Supreme Court concluded that transaction charges paid to BSE by its members does not fall under the category of technical services, and therefore, no TDS is following the ratio laid down by the Hon’ble Apex Court in the case of CIT Vs. Kotak Securities (supra), we hold that the aforesaid nature of payment does not fall wit…

Jbm Auto Ltd., New Delhi vs. DCIT, Circle- 13(2), New Delhi

In the result, appeal is partly allowed

ITA 5834/DEL/2017[2013-14]Status: DisposedITAT Delhi21 Feb 2024AY 2013-14

Bench: SHRI SAKTIJIT DEY (Vice President), SHRI M. BALAGANESH (Accountant Member)

Section 14A

…assessee’s own case in assessment years 2010-11 to 2012-13 (supra), wherein, the Coordinate Bench has held as under: “13 We find that now this issue stands settled by the Hon’ble Supreme Court in the case of CIT Vs. Kotak Securities Ltd. reported in (2016) 383 ITR 1 (SC), wherein the Hon’ble Supreme Court concluded that transaction charges paid to BSE by its members does not fall under the category of technical services, and therefore, no TDS is following the ratio laid down by the Hon’ble Apex Court in the case of CIT Vs. Kotak Securities (supra), we hold that the aforesaid nature of payment does not fall wit…

CIT v. Kotak Securities Ltd. (383 ITR 1) — Cited in 203 Judgments | BharatTax