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2022 (8) TMI 1412 - ITAT BANGALORE The Tribunal partially allowed the appeal, directing the Assessing Officer to reconsider various issues. The Transfer Pricing Adjustment involved exclusion of certain companies from comparables and potential inclusion of others. The disallowance under section 80JJAA was remitted for fresh consideration based on a previous High Court decision. Issues regarding software expenditure, legal and professional fees, and annual maintenance contract expenses were either dismissed or resolved under the Vivad Se Vishwas Scheme. The deduction for education cess and secondary higher education cess was denied in line with legislative amendments.
2021 (7) TMI 508 - ITAT BANGALORE For AY 2010-11, the Tribunal directed the interest income from bank deposits for availing duty benefits under the Customs Act to be considered as business income of the relevant undertaking. For AY 2012-13, the Tribunal excluded certain companies and included others as comparable for transfer pricing adjustment, directing reassessment by the AO/TPO. The Tribunal also allowed the deduction of expenses on share buy-back and directed the charging of interest under Section 234C on the assessed income. The appeal for AY 2010-11 was partly allowed, and the appeal for AY 2012-13 was allowed with specific directions for reassessment.
2014 (7) TMI 1050 - CESTAT NEW DELHI The Tribunal upheld the exemption for the appellant's training courses as vocational, qualifying for service tax exemption under Notification No. 24/2004-ST. However, the appellant failed to establish proper compliance with Cenvat credit rules, leading to a directive to pay a specified amount within a set timeframe to avoid dismissal of the appeal and waiver of the remaining pre-deposit requirements.
2012 (11) TMI 132 - ITAT, BANGALORE The Tribunal allowed the appeal, quashing the CIT(A)'s order. It held that the denial of deduction under section 10A was unjust as the company existed and was engaged in exports. The Tribunal found the CIT(A) violated natural justice by enhancing income without a hearing. The penalty proceedings under section 271(1)(c) were quashed due to the Tribunal's decision. The stay petition was dismissed.
2010 (10) TMI 428 - CESTAT, BANGALORE The case involved issues regarding the admissibility of refund of accumulated Cenvat credit under Rule 5 of Cenvat Credit Rules, 2004, and the qualification of various services as input services for providing output services. The appellants' claims for refund were rejected as the services did not qualify as input services. The case was remanded to the original authority for a fresh decision on the qualification of services like courier, housekeeping, management, maintenance, professional, rent-a-cab, technical inspection, clearance charges, outdoor catering, general insurance, air travel agent, and advertising agency services in relation to input services and Cenvat credit entitlement.
2020 (9) TMI 1286 - ITAT BANGALORE The Tribunal remanded several issues back to the AO/TPO for verification and reconsideration in light of specific observations and precedents. The Tribunal emphasized the need for accurate adjustments and verification of claims based on established legal principles and previous judgments.
2019 (5) TMI 737 - ITAT DELHI The Tribunal partly allowed the appeals for both assessment years, directing the exclusion of certain comparables and deletion of the adjustment for delayed receivables. The Tribunal upheld the Transfer Pricing Officer's methodology in some areas while providing relief to the assessee in others.
2015 (3) TMI 151 - ITAT PUNE The Tribunal upheld the disallowance of the assessee's claim for deduction under Section 10B due to lack of proper approval, rejected the alternative claim for deduction under Section 10A but directed re-examination, upheld Transfer Pricing adjustments with modifications to comparables, considered foreign exchange gains/losses as operating income, rejected the use of multiple year data, partially allowed changes in comparables selection criteria, dismissed grounds related to interest charges, and deemed penalty levy premature. The Tribunal emphasized liberal interpretation of incentive provisions and directed the AO to reassess specific issues. The Revenue's appeal was dismissed, and the assessee's appeal was partly allowed for statistical purposes.
2014 (4) TMI 738 - ITAT HYDERABAD The tribunal allowed the appeal, directing the AO to grant the exemption under Section 10A of the Income-tax Act for the appellant's activities involving the development and export of telecom billing software. The tribunal found the appellant eligible for the exemption, emphasizing the broad interpretation of "computer software" under Section 10A. Additionally, the tribunal ruled in favor of the appellant regarding the disallowance of charges paid for onsite software development and the purchase and development of software. The disallowance under Section 40(a)(ia) was also overturned in favor of the appellant.
FREQUENTLY ASKED QUESTIONS ON SERVICE TAX AND THEIR ANSWERS This circular provides detailed information on service tax, addressing frequently asked questions regarding its nature, applicability, registration, payment, filing of returns, and specific service-related issues. Service tax is an indirect tax levied on certain services under the Finance Act, 1994. The responsibilities of service providers, registration procedures, payment timelines, and penalties for non-compliance. It also discusses exemptions, input credit schemes, and procedures for filing appeals and claiming refunds. Additionally, it clarifies the tax implications for various services introduced in the 2003-04 tax net and addresses export-related service tax issues.
2015 (9) TMI 958 - ITAT CHENNAI The Tribunal set aside the adjustment made by the Assessing Officer regarding brought forward losses before allowing deduction under Section 10A of the Income Tax Act, directing that the deduction be granted before any such adjustments. Additionally, the Tribunal remitted the determination of Arm's Length Price (ALP) concerning comparable companies back to the Assessing Officer for re-examination in accordance with Rule 10B(2) of the Income-tax Rules, emphasizing the consideration of all relevant factors for comparability analysis, including turnover, risk, and functional similarities.
2017 (8) TMI 225 - ITAT DELHI The Tribunal partly allowed both the assessee's and the department's appeals for statistical purposes, remanding several issues back to the AO/TPO for fresh adjudication. Specific directions were given regarding transfer pricing adjustments, treatment of outstanding receivables, depreciation on software licenses, disallowance under Section 14A, unexplained expenditure under Section 69C, deduction under Section 10A/10B, and other tax-related matters. The Tribunal emphasized the need for thorough verification and adherence to legal precedents in resolving the issues at hand.
2024 (2) TMI 101 - ITAT MUMBAI The Tribunal partly allowed both the assessee's and revenue's appeals, providing specific directions on various disallowances and claims. It allowed MTM losses as deductible, deemed the suo motu disallowance under Section 14A reasonable, and remitted the disallowance of bad debts and business loss on re-possessed assets for fresh examination. Proportionate bond expenses were allowed, and the rebate under Section 88E was directed for reconsideration. Relief under Section 90 was granted, and Section 115JB was held inapplicable to banks. Transfer pricing adjustments were revised, depreciation on leased assets was upheld, and club membership fees were allowed as business expenditure.
2020 (9) TMI 1 - ITAT DELHI The Tribunal partly allowed the appeal, directing the Transfer Pricing Officer to recompute the arm's length price and consider the alternative claim under Section 10A. It emphasized the need for consistency with past assessments and legal precedents, highlighting the importance of uniformity in tax matters when facts remain consistent across different assessment years. The Tribunal also instructed the Assessing Officer to charge interest under Section 234C based on the returned income, aligning with legal requirements.
2018 (4) TMI 82 - ITAT BANGALORE The appeal was partly allowed, with adjustments made to the list of comparables and directions given to allow depreciation on software. The Tribunal stressed functional comparability and adherence to prescribed rules for transfer pricing analysis, emphasizing the importance of appropriate comparables and methodologies in determining arm's length prices for international transactions.
2017 (12) TMI 1731 - ITAT DELHI The Tribunal partly allowed the taxpayer's appeal, dismissing the Revenue's appeal. It directed the Transfer Pricing Officer (TPO) to reconsider certain adjustments, including the risk adjustment, and upheld the exclusion of several companies from the final set of comparables due to functional dissimilarities and other relevant factors.
2017 (11) TMI 526 - ITAT PUNE The appeal was partly allowed, directing the exclusion of certain companies from the final set of comparables in both the ITS and ITES segments. Aditya Birla Minacs Worldwide Ltd. was included as a comparable, and the application of the +/- 5% range under Section 92C(2) of the Act was mandated. The appeal on the computation of interest liability under Section 234B was dismissed as the interest levy was deemed mandatory and consequential.
2023 (4) TMI 76 - ITAT BANGALORE The Tribunal partly allowed the appeals, directing the Assessing Officer to re-examine various issues such as transfer pricing adjustments, deduction under Section 10AA, disallowance of marked to market losses, advances written off, interest on delayed TDS remittance, gratuity payment claimed, and credit of TDS and advance tax. Specific directions were given for fresh consideration on key issues, emphasizing the importance of proper verification and adherence to legal precedents.
Clarification on doubts related to supply of Information Technology enabled Services (ITeS services) The circular issued by the Department of Taxes, Manipur, clarifies the classification of Information Technology enabled Services (ITeS) under the Goods and Services Tax (GST) framework. It distinguishes between ITeS providers acting on their own account and those acting as intermediaries. The circular outlines three scenarios: ITeS suppliers providing services on their own account are not intermediaries; those facilitating supply for foreign clients are intermediaries; and mixed service providers' status depends on specific circumstances. It also states that non-intermediary ITeS providers can qualify for export benefits if they meet certain criteria under the IGST Act.
2019 (6) TMI 588 - ITAT DELHI The Tribunal partly allowed the appeals for both assessment years, directing the TPO/AO to re-examine the comparables and ensure proper adjustments and reliefs. The ground related to the initiation of penalty proceedings under section 271(1)(c) was dismissed as premature. The Tribunal also addressed issues regarding the granting of Minimum Alternate Tax (MAT) credit and charging of consequential interest, directing the AO to provide proper MAT credit and relief as per the DRP's directions after verification.
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