“double taxation”

Tata Autocomp System Ltd., Mumbai vs. DCIT (Ltu)-2, Mumbai

In the result, the appeal of the assessee is partly allowed for statistical purposes

duly offered to tax during the year under consideration. Further, the addition of book profit to the total income has resulted in the double taxation of same income to the extent of INR 3,67,14,142. 3.3. On the facts and circumstances of the case

Anjan Shivaraju Prakash, Mumbai vs. ITO, -6(1)(1), Mumbai

In the result, appeal of the assessee is partly allowed

Bench: Shri Sandeep Singh Karhail () & Shri Gagan Goyal ()

without deducting there from the amount of Rs. 18, 13,1 30/- being consideration attributed to the car parking spaces, which effectively amounted to double taxation. The appellant, therefore, prays 3 ITA 6549/Mum/2019 without prejudice, and in alternative, that the sale, consideration of the flat be reduced

Insurekot Sports P Ltd, Mumbai vs. Dy CIT, CPC, Mumbai

In the result, appeal by the assessee stands allowed

Bench: Learned Cit(A). Learned Cit(A) Noted The Facts Of The Case & Assessee’S Submission As Under :- “Assessee Has Availed Of A Franchiseeship Of Team Puneri Paltan Which Is A Participating Team In The Pro Kabaddi League Organized By Mashal Sports Private Limited. During Fy 2016 17 Ay 2017 18 It Received Prize Money Of Rs 3000000 Being The Third Placed Team Of The Event. The Same Is Accounted & Shown Under The Revenue From Operations As Prize Money. The Same Is 2 Insurekot Sports Pvt. Ltd.

r.w.s. 56(2)(ib) r.w.s. 2(24)(ix) and cannot be taxed at a flat rate of tax @ 30.9% on the gross amount. 5) Double taxation 3. Brief facts of the case are that in this case adjustment was done under section 143(1). Pursuant to the same assessee filed

Henkel Adhesives Technologies, Mumbai vs. The Pr. CIT-6, Mumbai

The appeal of the Assessee is allowed

years. In case reversal of the provision for inventory for INR 3,35,50,000/- is treated as income, the same would lead to double taxation in the hands of Appellant. He further submitted that the PCIT has concluded that Regional Payment Charges of INR 5,71,72,025/- should

Play Games 24 X 7 Private Limited, Mumbai vs. Dy.CIT-13(1)(2), Mumbai

In the result, the appeal filed by the assessee is allowed whereas the Cross-objection filed by the Revenue is dismissed

Bench: Shri Promod Kumar () & Ms. Suchitra Kamble () Assessment Year: 2015-16

verified the fulfilment /requirement of the definition of fees for technical services under the Income Tax Act, 1961 and Double Taxation Avoidance Agreement between India and Ireland. It is admitted fact that Facebook Ireland does not have any permanent establishment in India. Therefore, such payment would not be liable

Taj Tv Ltd., Mumbai vs. DCIT (It) 4(1)(2), Mumbai

In the result, the appeal by the assessee is allowed, while the appeal by the Revenue is dismissed in terms of our aforesaid findings

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

6741/Mum./2019 Accordingly, the assessee in the said note submitted that in view of the provisions of Article–7 of India Mauritius Double Taxation Avoidance Agreement (―DTAA‖) r/w section 90(2) of the Act, the income of the assessee is not subject to tax in India. It was further submitted

DCIT 3(3)(2), Mumbai vs. Sofdel Systems P..Ltd, Mumbai

In the result, appeal by the Revenue being ITA no

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

incomes of controlled taxpayers and to place them on parity with uncontrolled, unrelated taxpayers. The exercise undertaken should not result in over or double taxation. Thus, the Assessing Officer/TPO can segregate AMP expenses as an independent international transaction, but only after elucidating grounds and reasons for not accepting the bunching

DCIT Circle-3(1)(1), Mumbai vs. M/S Bla Power Pvt Ltd, Mumbai

In the result, the appeal of the revenue is partly allowed for statistical purposes

India and Others [1970] 77 ITR 107 (SC), it has been held as under:- "6 It is not disputed that there can be double taxation if the legislature has distinctly enacted it is only when there are general words of taxation and they have to be interpreted, they cannot ... interpreted as to tax the subject twice over to the same tax..... If any double taxation is involved, the Legislature itself has, in express words, sanctioned it. It is not open to any one thereafter to invoke the general principles that the subject cannot be taxed twice over." ITA No.847/Mum/2019

Ups Asia Group Pte Ltd., Mumbai vs. Asstt. CIT (International Taxation)-4(3)(1), Mumbai

In the result, appeal by the assessee is allowed in terms of our aforesaid findings

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

under section 9(1)(i) of the Act and a Permanent Establishment (hereinafter referred to as ―P.E.‖) under Article–5 of the India–Singapore Double Taxation Avoidance Agreement (hereinafter referred to as ―India– Singapore DTAA‖); and (ii) if the assessee is said to have Business Connection / P.E., then how much ... examining this aspect of the matter, it may also be useful to refer to the following extracts, defining permanent establishment, from the India Mauritius Double Taxation Avoidance Agreement [(1984) 146 ITR (St.) 214]:- ARTICLE 5 PERMANENT ESTABLISHMENT 1. For the purposes of this Convention, the term "permanent establishment" means

Bank of Baroda, Mumbai vs. Pr. CIT - 2, Mumbai

In the result, and subject to the observations made in paragraph 7 above, the appeal is allowed for statistical purposes

current year relating to outstanding foreign exchange if already charged to tax by the revenue in earlier year be reduced in order to avoid double taxation A transitional provision in the; statute to bridge the gap in change in accounting policy cannot be construed to charge to tax notional income