1

Commissioner (A) is not empowered to enhance income a new source of income vide 82ITR 9Trib) 176
1

It is assessee’s choice to select a method for determining FMV of shares vide 81 ITR (Trib) (SN) 78
1

No TP adjustment of trade receivables in case of a debt-free company vide 81ITR (Trib) (SN) 94
1

To accord registration as a charitable institution under income tax dominant purpose must be charitable and satisfies the conditions laid down us 2(15) vide 426ITR108 despite having non charitable ancillary objects meant to achieve the dominant purpose
1

Transactions with dubious entities is reason enough for case reopening vide 421ITR624

reimbursement of charges is not subject to tax in India

ByCA Gopal Nathani

Mar 16, 2023

In the matter before Tribunal in (2023] 30 ITR (Trib)-OL 720 (ITAT[Bang] the case involved the question of withholding of tax on secondment salaries and bandwidth charges payments to associate overseas entity on cost to cost basis and the bench held that there is no liability to deduct tax at sourceon such payments.

In defence the assessee produced invoices raised by third party upon associate entity and allocation formula to establish that there is no income element added.