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“domestic company”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(22A) / ITR-6540 judgments

The decision most relied on for domestic company is CIT v. ITC Ltd. (236 Taxmann 612), cited in 108 judgments on BharatTax.

Leading authorities on domestic company

CIT v. ITC Ltd.
236 Taxmann 612 · 2016 · High Court
108
citing judgments

When computing deduction under Section 80IA, specifically for inter-unit transfer of power, the benefit cannot be claimed based on rates chargeable by distribution licensees to consumers. The deduction must be computed based on the rate fixed by the Tariff Regulation Commission for sale by electricity generating companies.

Sky High Appeal XLIII Leasing Company Ltd. v. ACIT
177 Taxmann.com 579 · ITAT
85
citing judgments

The Multilateral Instrument (MLI) does not become legally enforceable under domestic law without a specific notification under section 90(1) of the Income Tax Act, 1961, for each affected Double Taxation Avoidance Agreement (DTAA).

Commissioner of Income Tax v. Gujarat Alkalies Chemicals Limited
395 ITR 247 · 2017 · High Court
49
citing judgments

Deduction under Section 80IA is allowable for captive power generation. The price for calculating this deduction is the rate at which the electricity board supplies power to its consumers, rather than the rate at which power generating companies supply to the electricity board.

Union of India v. Tata Tea Co Ltd.
398 ITR 260 · 2017 · Supreme Court
38
citing judgments

Dividend Distribution Tax (DDT) is a tax on the profits of the domestic company, not on the shareholder. The Supreme Court's decision in Tata Tea Co. Ltd. did not address the precise nature of DDT as a tax on the company versus the shareholder.

Skoda Auto India (P) Ltd. v. ACIT, Aurangabad
30 SOT 319 · 2009 · ITAT
26
citing judgments

The Tribunal may allow adjustments for differences between the tested party and comparable companies to eliminate material differences, provided accurate and credible evidence is furnished.

SwissRe Global Business Solutions India (P.) Ltd. v. Dy. CIT
116 Taxmann.com 716 · 2020 · Reported
13
citing judgments

Working capital adjustment is an accepted adjustment provided for better comparability in transfer pricing. The Tribunal has held that working capital adjustment is necessary for better comparability.

ITO v. Strides Arcolab Ltd.
24 Taxmann.com 89 · 2012 · ITAT
13
citing judgments

Disallowance under section 14A is applicable to investments made in shares of domestic companies but not foreign companies.

Bank of Tokyo Mitsubishi Bank Ltd. v. CIT
108 Taxmann.com 242 · 2019 · High Court
12
citing judgments

A non-domestic company's Permanent Establishment (PE) in India cannot be taxed at a rate higher than that applicable to a domestic company carrying out the same activities, even considering retrospective amendments to tax treaties.

Judgments citing domestic company

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)

such other objection before or during the course of hearing.” 3. The facts of the case, in brief, are that the assessee is a domestic company in which public is not substantially interested. The assessee company is engaged in the business of shipping agents. The return of income was filed

Philips India Ltd, Kolkata vs. ACIT, Kolkata

In the result, all the appeals of the assessee are dismissed

ITA 341/KOL/2023[2019-20]Status: DisposedITAT Kolkata08 Jul 2024AY 2019-20

Bench: Dr. Manish Borad & Shri Pradip Kumar Choubeyi.T.A. Nos.338 To 341/Kol/2023 Assessment Years: 2016-17 To 2019-20 Philips India Ltd ………. Appellant (Pan: Aabcp9487A) Vs. Asstt. Commissioner Of Income Tax, Circle-12(2), Kolkata. ………… Respondent Appearances By: Shri Vishal Jain Ar Appeared For Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr Appeared For Respondent. Date Of Concluding The Hearing : 03.07.2024 Date Of Pronouncing The Order : 08.07.2024 Order Per Manish Borad: All These Captioned Appeals Filed By The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2016-17 To 2019-20 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 10.02.2023 Arising Out Of The Assessment Order U/S 237 Of The Act By Acit, Circle-12(2), Kolkata Dated 26.06.2019 (For Ays 2016-17, 2017-18 & 2019-20), 28.06.2019 (For Ay 2018-19) Respectively. Since Grounds Are Common & Facts Are Identical, Except Variance In Amount, We Dispose Of All The Appeals By This Consolidated Order

Section 115Section 237Section 244ASection 250

Tribunal in the case of Total Oil India Private Limited (supra), which reads as under:- “Where dividend is declared, distributed or paid by a domestic company to a non-resident shareholder(s), which attracts additional income- tax (tax on distributed profits) referred to in section 115-O of the Income ... short ‘the Act’), whether such additional income- tax payable by the domestic company shall be at the rate mentioned in section 115-O of the Act or the rate of tax applicable to the non-resident shareholder(s) with reference to such dividend income”. 19. Thereafter in the decision

Philips India Ltd, Kolkata vs. ACIT, Kolkata

In the result, all the appeals of the assessee are dismissed

ITA 340/KOL/2023[2018-19]Status: DisposedITAT Kolkata08 Jul 2024AY 2018-19

Bench: Dr. Manish Borad & Shri Pradip Kumar Choubeyi.T.A. Nos.338 To 341/Kol/2023 Assessment Years: 2016-17 To 2019-20 Philips India Ltd ………. Appellant (Pan: Aabcp9487A) Vs. Asstt. Commissioner Of Income Tax, Circle-12(2), Kolkata. ………… Respondent Appearances By: Shri Vishal Jain Ar Appeared For Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr Appeared For Respondent. Date Of Concluding The Hearing : 03.07.2024 Date Of Pronouncing The Order : 08.07.2024 Order Per Manish Borad: All These Captioned Appeals Filed By The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2016-17 To 2019-20 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 10.02.2023 Arising Out Of The Assessment Order U/S 237 Of The Act By Acit, Circle-12(2), Kolkata Dated 26.06.2019 (For Ays 2016-17, 2017-18 & 2019-20), 28.06.2019 (For Ay 2018-19) Respectively. Since Grounds Are Common & Facts Are Identical, Except Variance In Amount, We Dispose Of All The Appeals By This Consolidated Order

Section 115Section 237Section 244ASection 250

Tribunal in the case of Total Oil India Private Limited (supra), which reads as under:- “Where dividend is declared, distributed or paid by a domestic company to a non-resident shareholder(s), which attracts additional income- tax (tax on distributed profits) referred to in section 115-O of the Income ... short ‘the Act’), whether such additional income- tax payable by the domestic company shall be at the rate mentioned in section 115-O of the Act or the rate of tax applicable to the non-resident shareholder(s) with reference to such dividend income”. 19. Thereafter in the decision