ITAT Cases Weekly Round-Up: 09 To 15 June 2024

Case Title: Gartner Ireland Ltd. Versus DCIT

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that the income from the reselling of subscription-based products is royalty.

Income Tax Deduction Allowable On Expenditure Incurred On Warranty Claim: ITAT

Case Title: Grey Orange India Pvt. Ltd. Versus ACIT

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the income tax deduction is allowable on expenditures incurred on warranty claims.

RPM Is Most Appropriate Method To Benchmark Transaction Of Purchase Of Solar Goods: ITAT

Case Title: D Light Energy P. Ltd. Versus Assessing Officer

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the Resale Price Method (RPM) is the most appropriate method to benchmark the transaction of the purchase of solar goods.

ITAT Kolkotha Allows Exemption Registration To Income Tax Bar Association, Sets Aside CIT Order

Case Title: Income Tax Bar Association Calcutta Versus Commissioner of Income Tax (Exemption)

The Calcutta Bench of Income Tax Appellate Tribunal (ITAT) has allowed the exemption registration to the income tax bar association as the registration application was not time-barred.

Absence Of 'FTS' In Treaty Is No Basis To Tax Technical Services Rendered To AE, In Absence Of Its PE In India: Delhi ITAT

Case Title: Denso (Thailand) Co. Ltd Vs ACIT

The Delhi ITAT ruled that though income received by a non-resident entity towards services provided to Indian associate enterprises (AE) are in nature of 'fees for technical service' (FTS), but same cannot be taxed in India simply in absence of FTS clause under respect treaty provisions.

Assessments Concluded U/s 153A Without Mandatory Approval U/s 153D Would Be Void: Delhi ITAT

Case Title: Emaar MGF Land Limited Vs ACIT

The Delhi ITAT allowed the Assessee's appeal challenging assessments completed u/s 153A r/w Section 143(3) as void, in absence of mandatory approval u/s 153D.