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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

Eco Vision Properties Private Limited, Thrissur, Kerala vs. DCIT, Circle-1(1) & Tps, Thrissur

In the result, the appeal of the assessee is allowed

ITA 59/COCH/2025[2020-2021]Status: DisposedITAT Cochin11 Jun 2025AY 2020-2021

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaassessment Years: 2020-21 Eco Vision Properties Pvt Ltd Dcit, Circle-1(1) & Tps, V. Thirissur Edattukaran House, Varandarapilly, Thrissur, Kerala- 680303. Pan : Aadce2329J. (Appellant) (Respondent) Appellant By : Shri Vipin K K, Ca Respondent By : Smt. Leena Lal, Snr Ar. Date Of Hearing : 03.06.2025 Date Of Pronouncement : 11.06.2025 O R D E R Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Passed Under Section 154 Of The Income-Tax Act, 1961, By The Cpc, Bengaluru & Confirmed By The Commissioner Of Income Tax (Appeals), For The Assessment Year 2020–21 Vide Order Dated 28.11.2024. 2. The Primary Grievance Of The Assessee Is The Enhancement Of The Tax Rate From 25% To 30% By The Cpc Under Section 154, Despite The Assessee Being Otherwise Eligible For The Lower Tax Rate In Terms Of The Finance Act, 2019. 3. Brief Facts Of The Case Are That The Assessee Is A Domestic Company Engaged In Business & Had Filed Its Return Of Income

For Appellant: Shri Vipin K K, CAFor Respondent: Smt. Leena Lal, Snr AR
Section 115BSection 139(1)Section 143(1)Section 154

lower tax rate in terms of the Finance Act, 2019. 3. Brief Facts of the case are that the assessee is a domestic company engaged in business and had filed its return of income 2 Eco Vision Properties Pvt Ltd for the assessment year 2020–21 on 14.10.2020 under section ... return, the assessee claimed the benefit of concessional tax rate under Section 115BAA of the Act, which prescribes a flat rate of 22% for domestic companies that forgo certain deductions and incentives, provided they furnish Form 10-IC. However, the assessee inadvertently failed to file Form 10-IC electronically along