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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

Kisan International Trading Fze, New Delhi vs. ACIT, Int. Tax 2(1)(2), Delhi

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

ITA 6152/DEL/2024[2012-13]Status: DisposedITAT Delhi19 Nov 2025AY 2012-13

Bench: Shris.Rifaur Rahman & Shri Yogesh Kumar U.S.Kisan International Trading Fze, Vs. Acit, Circle C/O Shri Tarandeep Singh, Advocate Int. Tax 2(1)(2), C – 179, Mansarover Garden, Delhi. New Delhi – 110 015. (Pan :Aaeck0424D) (Appellant) (Respondent) Assessee By : Shri Tarandeep Singh, Advocate Shri Sandeep Yadav, Advocate Revenue By : Shri Vikram Singh Sharma, Sr. Dr Date Of Hearing : 21.08.2025 Date Of Order : 19.11.2025 Order Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Delhi – 43 [“Ld. Cit(A)”, For Short] Dated 06.12.2024 For The Assessment Year 2012-13 Raising Following Grounds Of Appeal :- “1. That On Facts & In Law The Order Dated 06Th December 2024 Passed By The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As The "Cit(A)'} & Order Dated 23Rd December 2019 Passed By The Assessing Officer (Hereinafter Referred To As The "Ao") Are Bad In Law & Void Ab Initio.

For Appellant: Shri Tarandeep Singh, AdvocateFor Respondent: Shri Vikram Singh Sharma, Sr. DR
Section 115A(5)Section 147Section 148Section 195Section 251

year under consideration, it received interest income of USD 7,48,401.66 (i.e. Rs 4,24,75,001/-) from a domestic company i.e. M/s Indian Farmers Fertilizer Cooperative Limited (IFFCO). As per provisions of Article 11 of India-UAE DTAA the said interest income was taxable in India

Maharishi Education Corporation Private Limited, Delhi vs. ITO Ward- 16(1), Delhi

In the result, appeal of the assessee is dismissed

ITA 2639/DEL/2025[2021-22]Status: DisposedITAT Delhi24 Oct 2025AY 2021-22

Bench: Shri Vikas Awasthyआअसं.2639/िद"ी/2025 (िन.व. 2021-22) Maharishi Education Corporation P. Ltd., Dgl-121, First Floor, Dlf The Galleria, Mayur Vihar, ...... अपीलाथ"/Appellant Phase-1, Delhi 110091 Pan: Aaccm-5225-G बनाम Vs. Income Tax Officer, Ward-16(1), ..... "ितवादी/Respondent Cr Building, Delhi अपीलाथ" "ारा/Appellant By : Shri Deepak Jain, Chartered Accountant "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 29/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 24/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Additional/Joint Commissioner Of Income Tax (Appeals)-1, Nashik [In Short ‘The Cit(A)’] Dated 07.03.2025, For Assessment Year 2021-22. 2. The Solitary Issue Raised By The Assessee In Appeal Is Rate Of Tax Applied By The Assessing Officer (Ao) U/S. 115Baa Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’). As Per The Assessee, The Rate Of Tax Applicable Is 20% As Prescribed U/S. 112 Of The Act, Whereas, The Ao Has Held That The Tax On Long Term Capital Gain As Per Section 115Baa Of The Act Is @22%. 3. The Assessee Is A Domestic Company. The Assessee Exercised An Option U/S. 115Baa Of The Act By Filing Form 10Ic For Financial Year 2019-20 & Subsequent

For Appellant: Shri Deepak Jain, Chartered AccountantFor Respondent: Ms. Sudha Gupta, Sr. DR
Section 112Section 115BSection 143(1)

held that the tax on Long Term Capital Gain as per section 115BAA of the Act is @22%. 3. The assessee is a domestic company. The assessee exercised an option u/s. 115BAA of the Act by filing Form 10IC for Financial Year 2019-20 and subsequent 2 years. The assessee