ITR'S TRIBUNAL TAX REPORTS (ITR (TRIB))--PRINT AND ONLINE EDITION
SUBJECT INDEX TO CASES REPORTED
Business expenditure --Allowance of expenditure in ratio of domestic turnover to global turnover--Indirect expenditure as reflected in assessee’s global audited accounts legally firm basis for applying it to Indian operations--No need for production of vouchers--Income-tax Act, 1961--Double Taxation Avoidance Agreement between India and Mauritius, art. 7(3)-- Renoir Consulting Ltd . v. Deputy DIT (International Taxation) (Mumbai) . . . 137
----Non-resident--Head office expenses--Disallowance of salary expenses in view of section 44C--Section 44C not applicable in view of Circular No. 333--Income-tax Act, 1961, ss. 40(a)(iii), 44C--Circular No. 333 of 1982, dated 2-4-1982-- Renoir Consulting Ltd. v. Deputy DIT (International Taxation) (Mumbai) . . . 137
Deduction of tax at source --Payment to doctors--Payees income-tax assessees having permanent account numbers and payments accounted for in their books of account--Assessee not in default--Income-tax Act, 1961, s. 201(1), (1A)-- Deputy CIT v. Quality Care India Ltd. (Hyd) . . . 121
----Salary or professional fee--Remuneration to consulting doctors--Appointment of doctors is contract for service and not contract of service--Service of doctors a professional service--No employer-employee relationship between assessee and professionals--Tax to be deducted at source from payment to doctors as professional fees under section 194J not salary under section 192(1)--Assessee not in default--Income-tax Act, 1961, ss. 192(1), 194J, 201-- Deputy CIT v. Quality Care India Ltd. (Hyd) . . . 121
Non-resident --Taxability in India--Permanent establishment--Frequent visits of principal consultants--Regular meeting of steering committee--Communications between assessee and head office in India--Regular interviews, interactions, meetings, training sessions and seminars in India--Inference of existence of permanent establishment in India--Assessee liable to tax in India--Income-tax Act, 1961--Double Taxation Avoidance Agreement between India and Mauritius, art. 5-- Renoir Consulting Ltd. v. Deputy DIT (International Taxation)(Mumbai) . . . 137
Volume 33 : Part 5 (Issue dated : 11-8-2014)
SUBJECT INDEX TO CASES REPORTED
Assessment --Valuation of stock--No proper valuation by Assessing Officer--Failure on Department to bring evidence to prove sales conducted outside books of account--Addition to be deleted--Income-tax Act, 1961-- Safari Bikes Ltd. v. Joint CIT (OSD) (Chandigarh) . . . 665
Business expenditure --Capital or revenue expenditure--Film producer--Films not doing well in theatres--Assessee making payments to compensate for loss--Failure by assessee to prove that payments received by persons who suffered losses--Assessee not proving genuineness of payment--Payment capital in nature--Not allowable under section 37--Income-tax Act, 1961, s. 37-- Asst. CIT v. Seven Arts Films (Chennai) . . . 694
----Expenditure on wages--Duplication of attendance cards--Assessee failing to give full explanation for workers leaving job--Inflation of salary and wages not ruled out--Disallowance of expenditure to partial extent--Income-tax Act, 1961-- Safari Bikes Ltd. v. Joint CIT (OSD) (Chandigarh) . . . 665
Capital or revenue expenditure --Assessee running chain of restaurants--Legal expenses incurred on consultancy for acquisition of “brand†related to food business--Expenditure with respect to existing line of business--Revenue expenditure--Income-tax Act, 1961-- Deputy CIT v. Pan India Food Solutions P. Ltd. (Mumbai) . . . 630
Capital or revenue receipt --Receipt on sale of carbon credits--Capital receipt--Income-tax Act, 1961-- Deputy CIT v. My Home Power Ltd. (Hyd) . . . 731
----Subsidy from Government to export-oriented unit for installation of plant and machinery--Capital receipt--Income-tax Act, 1961-- Safari Bikes Ltd. v. Joint CIT (OSD) (Chandigarh) . . . 665
Charitable purpose --Computation of income--Adjustment of carried forward unabsorbed depreciation and deficit against income of subsequent year--To be allowed--Income-tax Act, 1961-- Addl. DIT (Exemption) v. Sri Shanmukhananda Fine Arts and Sangeetha Sabha(Mumbai) . . . 639
----Registration of trusts--Exemption--Cancellation of registration set aside by Tribunal--Trust entitled to exemption under section 11--Exemption cannot be denied on ground appeal against order of Tribunal pending before High Court--Income-tax Act, 1961, ss. 11, 12A-- Addl. DIT (Exemption) v. Sri Shanmukhananda Fine Arts and Sangeetha Sabha (Mumbai) . . . 639
Export --Exemption--Telecommunication charges and foreign currency excluded from export turnover--To be excluded from total turnover--Income-tax Act, 1961, s. 10A-- July Systems and Technologies P. Ltd. v. ITO (Bangalore) . . . 643
Industrial undertaking --Special deduction--Infrastructure facility--Income from sale of water to cargo ships for cleaning engines--Part of activity of operation and maintenance of port--Deductible--Income from storage facility and transportation charges--Not part of infrastructure facility development by assessee at port--Not deductible--Income-tax Act, 1961, s. 80-IA-- Dahej Harbour and Infrastructure Ltd. v. Deputy CIT (OSD) (Mumbai) . . . 634
International transactions --Arm’s length price--Determination--Segregating activities into different segments and computing arm’s length price separately--Trading in spare parts closely inter-linked with manufacturing segment --Assessee and comparable companies at par with regard to nature and scale of combined activities--No need for segregation--Income-tax Act, 1961-- Toyota Kirloskar Motor P. Ltd. v. Asst. CIT (LTU) (Bangalore) . . . 700
----Arm’s length price--Determination--Transactional net margin method--Software development services--Filters to be used in selection of comparables--Companies having turnover falling within particular range to be considered--Functionally different companies to be excluded--Profit margin of software development segment alone to be compared--Income-tax Act, 1961, s. 92CA-- July Systems and Technologies P. Ltd. v. ITO (Bangalore) . . . 643
SECTIONWISE INDEX TO CASES REPORTED IN THIS PART
S. 10A --Export--Exemption--Telecommunication charges and foreign currency excluded from export turnover--To be excluded from total turnover-- July Systems and Technologies P. Ltd. v. ITO (Bangalore) . . . 643
S. 11 --Charitable purposes--Registration of trusts--Exemption--Cancellation of registration set aside by Tribunal--Trust entitled to exemption under section 11--Exemption cannot be denied on ground appeal against order of Tribunal pending before High Court-- Addl. DIT (Exemption) v. Sri Shanmukhananda Fine Arts and Sangeetha Sabha (Mumbai) . . . 639
S. 12A --Charitable purposes--Registration of trusts--Exemption--Cancellation of registration set aside by Tribunal--Trust entitled to exemption under section 11--Exemption cannot be denied on ground appeal against order of Tribunal pending before High Court-- Addl. DIT (Exemption) v. Sri Shanmukhananda Fine Arts and Sangeetha Sabha (Mumbai) . . . 639
S. 37 --Business expenditure--Capital or revenue expenditure--Film producer--Films not doing well in theatres--Assessee making payments to compensate for loss--Failure by assessee to prove that payments received by persons who suffered losses--Assessee not proving genuineness of payment--Payment capital in nature--Not allowable under section 37-- Asst. CIT v. Seven Arts Films (Chennai) . . . 694
S. 80-IA --Industrial undertaking--Special deduction--Infrastructure facility--Income from sale of water to cargo ships for cleaning engines--Part of activity of operation and maintenance of port--Deductible--Income from storage facility and transportation charges--Not part of infrastructure facility development by assessee at port--Not deductible-- Dahej Harbour and Infrastructure Ltd. v. Deputy CIT (OSD) (Mumbai) . . . 634
S. 92CA --International transactions--Arm’s length price--Determination--Transactional net margin method--Software development services--Filters to be used in selection of comparables--Companies having turnover falling within particular range to be considered--Functionally different companies to be excluded--Profit margin of software development segment alone to be compared-- July Systems and Technologies P. Ltd. v. ITO (Bangalore) . . . 643
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