Sec. 9 – PE – Where assessee, a US based company, provided online airline booking services and had PE in India, and Tribunal held that only 15 per cent of income was to be attributed to assessee’s Indian operations, since Tribunal arrived at said quantum of revenue on basis of FAR analysis and held that no further income was taxable in India as commission paid to Indian distributors was more than the amount attributed to operations carried out in India, order of Tribunal did not call for interference.
Travelport L.P. USA v. CIT (International Tax) – [2023] 154 taxmann.com 96 (SC).
CBDT to reconsider condonation request if refusal results in cause of justice being defeated.
R.K.Madhani Prakash Engineers JV v. UoI – [2023] 154 taxmann.com 16 (Bombay).
CBDT extends due date of filing ITR and audit reports by charitable institutions to 31-10-2023.
Circular No. 16/2023, dated 18-9-2023.
Reference to TPO can be made only if there is pending assessment; reassessment based on such reference is invalid.
PCIT v. Kimberly Clark Lever (P.) Ltd. – [2023] 154 taxmann.com 134 (Bombay).
Sec. 37(1) – Inspection and survey expenses – SLP dismissed against order of HC that where assessee, an insurance company, claimed inspection and survey charges, however, there was evidence only with respect to part of claim in relation to inspection charges, restriction of disallowance of inspection and survey charges to 25 per cent was justified.
PCIT v. Bajaj Alliance General Insurance Co. Ltd. – [2023] 153 taxmann.com 679 (SC).
Cognizant’s Rs. 19,000 crores buy-back via Court-approved scheme is a colourable device; DDT leviable.
M/s Cognizant Technology-Solutions India Pvt. Ltd. v. ACIT – [2023] 154 taxmann.com 309 (Chennai – Trib.).