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32 results for “capital gains”+ Section 44Dclear

Sorted by relevance

Delhi32Mumbai27Dehradun10Guwahati8Chandigarh8Kolkata7Ahmedabad3Bangalore2Indore1Chennai1SC1Surat1Telangana1

Key Topics

Section 44B55Section 44D26Section 9(1)(vi)22Permanent Establishment18Double Taxation/DTAA18Section 143(3)16Section 115A15Section 9(1)(vii)15Section 144C12Section 234B

MR. SUNIL GOYAL,NOIDA vs. ITO, NEW DELHI

Appeal is disposed of in accordance with the aforesaid directions

ITA 719/DEL/2010[2006-07]Status: DisposedITAT Delhi26 Nov 2019AY 2006-07

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

For Appellant: Shri R. Santhanam, Adv. and Shri Deepak Ostwal, CA and Shri Rishabh Ostwal, AdvFor Respondent: Shri Saras Kumar, Sr. DR
Section 28

capital gain derived by the assessee for taxing the same as income from business inspite of there being no business whatsoever carried on by the assessee and no liability to tax attracted under sections 28 to 44D

DIRECTOR OF INCOME TAX vs. INFRASOFT LTD

ITA/1034/2009HC Delhi22 Nov 2013
Section 143(3)

Showing 1–20 of 32 · Page 1 of 2

11
Addition to Income8
Penalty5
Section 260A
Section 4
Section 9(1)(vi)

44D read with Section 115A. 14. The CIT(A) vide the order dated 10.01.2008, rejected the submissions of the Assessee company. The CIT(A) in his order noted that the Assessee company was engaged in licensing of MX software which is an engineering friendly tool for designing all types of road projects to Indian customers. He noted the clarification

DCIT, CIRCLE- 2, INTL. TAXATION, DEHRADUN vs. SCHLUMBERGER ASIA SERVICES LTD., DEHRADUN

In the result, the appeal of the Revenue is dismissed

ITA 6172/DEL/2017[2013-14]Status: DisposedITAT Delhi07 Dec 2021AY 2013-14

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing)

For Appellant: Sh. Salil Kapoor, AdvFor Respondent: Sh. Narendra Singh J., CIT DR
Section 44BSection 44DSection 9Section 9(1)(vii)

gains from such business chargeable to tax is to be calculated at a sum equal to 10% of the aggregate of the amounts paid or payable to such non-resident assessee as mentioned in Sub-section (2). On the other hand, Section 44D contemplates that if the income of a foreign company with which the government or an Indian concern

UMW SHER (L) LIMITED,NEW DELHI vs. ASSESISING OFFICER , INTERNATIONAL TAXATION CIRCLE-3(1)(1), NEW DELHI

In the result, appeals are allowed, as indicated above

ITA 570/DEL/2021[2017-18]Status: DisposedITAT Delhi01 Feb 2023AY 2017-18

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumar

Section 115ASection 143(3)Section 144C(13)Section 44BSection 44DSection 9(1)(vi)Section 9(1)(vii)

44D or section 44DA or section 115A or section 293A are applicable for computing profits or gains or any other income referred in those sections. 9. Undisputedly, the activity carried on by the assessee falls within the third category, viz., supplying plant and machinery on hire used or to be used in prospecting, or extraction or production of mineral oils

UMW SHER (L) LIMITED,NEW DELHI vs. ASSESISING OFFICER , INTERNATIONAL TAXATION CIRCLE-3(1)(1), NEW DELHI

In the result, appeals are allowed, as indicated above

ITA 569/DEL/2021[2012-13]Status: DisposedITAT Delhi01 Feb 2023AY 2012-13

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumar

Section 115ASection 143(3)Section 144C(13)Section 44BSection 44DSection 9(1)(vi)Section 9(1)(vii)

44D or section 44DA or section 115A or section 293A are applicable for computing profits or gains or any other income referred in those sections. 9. Undisputedly, the activity carried on by the assessee falls within the third category, viz., supplying plant and machinery on hire used or to be used in prospecting, or extraction or production of mineral oils

ADIT, DEHRADUN vs. M/S. HAMPSON RUSSELL LTD PARTNERSHIP, MUMBAI

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

ITA 4976/DEL/2012[2009-10]Status: DisposedITAT Delhi21 Apr 2017AY 2009-10

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

Section 115ASection 44BSection 44DSection 9Section 9(1)(vi)

Capital gains") for— (i) …………………………………….. (ii) ……………………………………. (iii) the use of any patent, invention, model, design, secret formula or process or trade mark or similar property ; (iv) the imparting of any information concerning technical, industrial, commercial or scientific knowledge, experience or skill ; 9. Ld. CIT-A after taking into consideration the submission of the assessee that the consideration received for sale

ADIT INTL. TAXATION, DEHRADUN vs. M/S. HAMPSON RUSSELL LTD. PARTNERSHIP., MUMBAI

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

ITA 1182/DEL/2012[2007-08]Status: DisposedITAT Delhi21 Apr 2017AY 2007-08

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

Section 115ASection 44BSection 44DSection 9Section 9(1)(vi)

Capital gains") for— (i) …………………………………….. (ii) ……………………………………. (iii) the use of any patent, invention, model, design, secret formula or process or trade mark or similar property ; (iv) the imparting of any information concerning technical, industrial, commercial or scientific knowledge, experience or skill ; 9. Ld. CIT-A after taking into consideration the submission of the assessee that the consideration received for sale

DCIT, NEW DELHI vs. M/S. TECHNIP FRANCE SAS, GURGAON

In the result, appeal is dismissed

ITA 724/DEL/2015[2011-12]Status: DisposedITAT Delhi26 Jul 2022AY 2011-12

Bench: Shri G.S. Pannu, Hon’Ble & Shri Saktijit Dey, Judicialmember Assessment Year: 2011-12

Section 144C(5)Section 44BSection 44DSection 9(1)(vii)

44D of the Act. We do not see how any other view can be taken if the works or services mentioned under a particular agreement is directly associated or inextricably connected with prospecting, extraction or production of mineral oil. Keeping in mind the above provision, we have looked into each of the contracts involved in the present group of cases

DCIT, NEW DELHI vs. M/S. TECHNIP UK LTD., MUMBAI

In the result, the cross objection is allowed

ITA 1116/DEL/2014[2010-11]Status: DisposedITAT Delhi17 Dec 2018AY 2010-11

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2010-11]

For Appellant: Shri Ajay Vohra, AdvFor Respondent: Shri G. K. Dhall, CIT-DR
Section 44BSection 44DSection 9

44D of the Act. We do not see how any other view can be taken if the works or services mentioned under a particular agreement is directly associated or inextricably connected with prospecting, extraction or production of mineral oil. ” 15. It is worth mentioning here that by Finance Act, 2010, amendment was brought in the proviso to section 44BB

PACIFIC CREST PTE LTD,NOIDA vs. DCIT CIRCLE-2(2)(2) INTERNATIONAL TAXATION, NEW DELHI

In the result, the appeal is partly allowed

ITA 661/DEL/2021[2012-13]Status: DisposedITAT Delhi31 Mar 2023AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Shri Saktijit Deyassessment Year: 2012-13

Section 115ASection 144Section 144(1)(b)Section 144CSection 147Section 148Section 195Section 44BSection 44DSection 9(1)(vi)

44D, section 44DA or section 115A or section 293A are applicable for the purposes of computing profits or gains. It is evident, learned DRP brought to tax the receipts under section 115A of the Act primarily for two reasons; firstly, the receipts are in the nature of royalty in terms of Explanation 2(iva) to section

M/S. ROLLS ROYCE INDUSTRIAL POWER (INDIA) LTD,NEW DELHI vs. DDIT, NEW DELHI

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

ITA 801/DEL/2014[2006-07]Status: DisposedITAT Delhi11 Aug 2016AY 2006-07

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 801/Del/2014 : Asstt. Year : 2006-07 M/S Rolls Royce Industrial Power Vs Dy. Director Of Income Tax, (India) Ltd., C-37, Connaught Circle-2(1), International Taxation, Place, New Delhi-110001 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaacr7629B Assessee By : Sh. Pradeep Dinodia, Adv. & Sh. R.K. Kapoor, Ca & Ms. Pallavi Dinodia, Ca Revenue By : Sh. Anand Kedia, Cit Dr Date Of Hearing : 13.05.2016 Date Of Pronouncement : 11.08.2016 Order Per N. K. Saini, Am:

For Appellant: Sh. Pradeep Dinodia, Adv. & Sh. R.KFor Respondent: Sh. Anand Kedia, CIT DR
Section 115ASection 143(3)Section 144CSection 144C(13)Section 44DSection 9(1)(vii)

44D read with Section 115A of the Act by the Ld. AO and upheld by DRP is erroneous and bad in law. 15.0 That the Ld. AO at the instance of DRP has grossly erred in law in proposing tax on a gross basis on all the following other incomes of the assessee from Godavari Operation & Maintenance Project instead

TECHNIP UK LTD.,GURGAON vs. DIT, NEW DELHI

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

ITA 4284/DEL/2013[2008-09]Status: DisposedITAT Delhi24 Apr 2017AY 2008-09

Bench: Shri R.K. Panda & Smt. Beena A. Pillai[Assessment Year: 2008-09] Technip Uk Limited Vs. The D.I.T. C/O Bmr & Associates Llp International - Ii 22Nd Floor, Building No. 5 New Delhi Tower ‘A’, Dlf Cyber City, Dlf Phase Iii, Gurgaon Haryana Pan : Aacct 8268 N (Appellant) (Respondent)

For Appellant: Shri Ajay Vohra, AdvFor Respondent: Shri Anuj Arora, Sr- DR
Section 263Section 4Section 44BSection 44D

44D, read with section 115A of the Act. He submitted that the aforesaid decision has no application to the facts of the present case since section 115A of the Act, inter-alia, provides that fees for technical services received by a non- resident pursuant to an agreement made by such non-resident with the Government or an Indian concern

KREUZ CHALLENGER PTE LTD,SINGAPURE vs. ACIT, INTERNATIONAL TAXATION CIRCLE2(1)(2), NEW DELHI

The appeal of the assessee is allowed

ITA 2373/DEL/2022[2019-20]Status: DisposedITAT Delhi09 Dec 2024AY 2019-20

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaassessment Year: 2019-20 Kreuz Challenger Pte Ltd., Vs Acit, 2, Venture Drive, International Taxation #24-01 Vision Exchange, Circle 2(1)(2), Singapore , 999999 New Delhi. Pan : Aahck3082A

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Ms C. Chandra Kanta, CIT-DR
Section 115ASection 143(3)Section 144C(13)Section 197Section 44BSection 44DSection 9(1)(vi)Section 9(1)(vii)Section 90(2)

44D of the Act.” 11. However, no issue about taxability of receipt by a foreign resident, not having PE in India, from hire of vessel on time charter basis was examined in any form. So the reliance on the ONGC Case (supra) by the ld. Tax authorities was not justified. 12. This issue has been examined by the Mumbai Bench

ACIT, GURGAON vs. M/S. MOTOROLA INDIA PVT. LTD., GURGAON

In the result, appeal filed by the revenue is dismissed

ITA 4581/DEL/2011[2004-05]Status: DisposedITAT Delhi24 Aug 2018AY 2004-05

Bench: Smt Diva Singh & Shri Prashant Maharishimotorola India Pvt Ltd, Vs. Acit, Motorola Excellence Centre, Gurgaon Circle, 415/2, Sector-14, Mg Road, Gurgaon Gurgaon, Haryana Pan: Aaacm9343D (Appellant) (Respondent) Acit, Vs. Motorola India Pvt Ltd, Gurgaon Circle, Motorola Excellence Centre, Gurgaon 415/2, Sector-14, Mg Road, Gurgaon, Haryana Pan: Aaacm9343D (Appellant) (Respondent) Motorola Solutions India (P) Ltd, Vs. Acit, 415/2, Motorola Excellence Gurgaon Circle, Centre, Mg Road, Haryana Gurgaon Pan: Aaacm9343D (Appellant) (Respondent) Acit, Vs. Motorola Solutions India (P) Gurgaon Circle, Ltd, Gurgaon 415/2, Motorola Excellence Centre, Mg Road, Haryana Pan: Aaacm9343D (Appellant) (Respondent) Assessee By : Shri G.C. Srivastava, Adv Shri Suvinay K. Dash, Adv Revenue By: Shri Sanjay I Bara, Cit Dr Date Of Hearing 28/05/2018 Date Of Pronouncement 24/08/2018

For Appellant: Shri G.C. Srivastava, AdvFor Respondent: Shri Sanjay I Bara, CIT DR
Section 37Section 43BSection 80HSection 92C

capital expenditure. He is also further directed to withdraw the allowance of the depreciation at the rate of 60% thereon. Accordingly, ground number 6 of the appeal of the assessee is allowed. 24. Similar is the ground number 3 of the appeal of the assessee for assessment year 2004 – 05 and the disallowance of Rs. 4200977/- on account of software

ULO SYSTEMS LLC.,GURGAON vs. ADIT, DEHRADUN

In the result appeals filed by assessee stands partly allowed as indicated above

ITA 5279/DEL/2011[2008-09]Status: DisposedITAT Delhi29 Mar 2019AY 2008-09

Bench: Smt. Beena A Pillai & Shri Prashant Maharishiay: 2008-09 Ay: 2009-10 Ay: 2010-11 Ay: 2011-12 Ay: 2012-13 M/S Ulo Systems Llc Dcit, C/O S.R.Batliboi & Co., International Taxation Golf View Corporate Tower B Vs. Dehradun Near Dlf Golf Course Sector 42 Gurgaon 122 002

For Appellant: Sh. Nageswar Rao, Adv. &For Respondent: Sh. G.K.Dhall, CIT, DR
Section 143Section 143(3)Section 144CSection 234BSection 271(1)(c)Section 271BSection 44B

Capital defines at page 285, a ‘place of business’ has been held as under: “A place, though normally a particular portion of space, must be read in the light of its being used to define ‘establishment’. A ‘place of business’, therefore means all the tangible assets used for carrying on the business” 6.4. Before us, Ld.Counsel did not argue

ULO SYSTEMS LLC,GURGAON vs. ADIT, DEHRADUN

In the result appeals filed by assessee stands partly allowed as indicated above

ITA 6018/DEL/2013[2010-11]Status: DisposedITAT Delhi29 Mar 2019AY 2010-11

Bench: Smt. Beena A Pillai & Shri Prashant Maharishiay: 2008-09 Ay: 2009-10 Ay: 2010-11 Ay: 2011-12 Ay: 2012-13 M/S Ulo Systems Llc Dcit, C/O S.R.Batliboi & Co., International Taxation Golf View Corporate Tower B Vs. Dehradun Near Dlf Golf Course Sector 42 Gurgaon 122 002

For Appellant: Sh. Nageswar Rao, Adv. &For Respondent: Sh. G.K.Dhall, CIT, DR
Section 143Section 143(3)Section 144CSection 234BSection 271(1)(c)Section 271BSection 44B

Capital defines at page 285, a ‘place of business’ has been held as under: “A place, though normally a particular portion of space, must be read in the light of its being used to define ‘establishment’. A ‘place of business’, therefore means all the tangible assets used for carrying on the business” 6.4. Before us, Ld.Counsel did not argue

ULO SYSTEMS LLC,GURGAON vs. DCIT, DEHRADUN

In the result appeals filed by assessee stands partly allowed as indicated above

ITA 653/DEL/2015[2011-12]Status: DisposedITAT Delhi29 Mar 2019AY 2011-12

Bench: Smt. Beena A Pillai & Shri Prashant Maharishiay: 2008-09 Ay: 2009-10 Ay: 2010-11 Ay: 2011-12 Ay: 2012-13 M/S Ulo Systems Llc Dcit, C/O S.R.Batliboi & Co., International Taxation Golf View Corporate Tower B Vs. Dehradun Near Dlf Golf Course Sector 42 Gurgaon 122 002

For Appellant: Sh. Nageswar Rao, Adv. &For Respondent: Sh. G.K.Dhall, CIT, DR
Section 143Section 143(3)Section 144CSection 234BSection 271(1)(c)Section 271BSection 44B

Capital defines at page 285, a ‘place of business’ has been held as under: “A place, though normally a particular portion of space, must be read in the light of its being used to define ‘establishment’. A ‘place of business’, therefore means all the tangible assets used for carrying on the business” 6.4. Before us, Ld.Counsel did not argue

ULO SYSTEMS LLC,NOIDA vs. DCIT (INTERNATIONAL TAXATION), DEHRADUN

In the result appeals filed by assessee stands partly allowed as indicated above

ITA 317/DEL/2016[2012-13]Status: DisposedITAT Delhi29 Mar 2019AY 2012-13

Bench: Smt. Beena A Pillai & Shri Prashant Maharishiay: 2008-09 Ay: 2009-10 Ay: 2010-11 Ay: 2011-12 Ay: 2012-13 M/S Ulo Systems Llc Dcit, C/O S.R.Batliboi & Co., International Taxation Golf View Corporate Tower B Vs. Dehradun Near Dlf Golf Course Sector 42 Gurgaon 122 002

For Appellant: Sh. Nageswar Rao, Adv. &For Respondent: Sh. G.K.Dhall, CIT, DR
Section 143Section 143(3)Section 144CSection 234BSection 271(1)(c)Section 271BSection 44B

Capital defines at page 285, a ‘place of business’ has been held as under: “A place, though normally a particular portion of space, must be read in the light of its being used to define ‘establishment’. A ‘place of business’, therefore means all the tangible assets used for carrying on the business” 6.4. Before us, Ld.Counsel did not argue

ULO SYSTEMS LLC,GURGAON vs. ADIT INTL. TAXATION, DEHRADUN

In the result appeals filed by assessee stands partly allowed as indicated above

ITA 4849/DEL/2012[2009-10]Status: DisposedITAT Delhi29 Mar 2019AY 2009-10

Bench: Smt. Beena A Pillai & Shri Prashant Maharishiay: 2008-09 Ay: 2009-10 Ay: 2010-11 Ay: 2011-12 Ay: 2012-13 M/S Ulo Systems Llc Dcit, C/O S.R.Batliboi & Co., International Taxation Golf View Corporate Tower B Vs. Dehradun Near Dlf Golf Course Sector 42 Gurgaon 122 002

For Appellant: Sh. Nageswar Rao, Adv. &For Respondent: Sh. G.K.Dhall, CIT, DR
Section 143Section 143(3)Section 144CSection 234BSection 271(1)(c)Section 271BSection 44B

Capital defines at page 285, a ‘place of business’ has been held as under: “A place, though normally a particular portion of space, must be read in the light of its being used to define ‘establishment’. A ‘place of business’, therefore means all the tangible assets used for carrying on the business” 6.4. Before us, Ld.Counsel did not argue

SABRE DECISION TECHNOLOGIES INTERNATIONAL LLC,NEW DELHI vs. ACIT, INTERNATIONAL TAXATION, CIRCLE 3(1)(2), NEW DELHI

In the result, the appeal of the revenue is dismissed

ITA 5782/DEL/2017[2014-15]Status: DisposedITAT Delhi03 Jan 2023AY 2014-15

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

For Appellant: Sh. Tarandeep Singh, AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 234ASection 44DSection 9Section 9(1)(vi)

Capital gains") for— (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property ; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade