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DTAA - Sale of software not taxable as royalty, where once core software transaction is not taxable, then related & inseparable services cannot independently be treated as Fees for Technical Services: ITAT (See Breaking News)

TP - After omission of clause (i) of section 92BA vide Finance Act, 2017, expenditure transactions covered u/s 40A(2), including interest payments to related parties, ceased to be specified domestic transactions: ITAT (See Breaking News)

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TP - Mechanical exclusion of comparables by merely relying on coordinate bench decisions, without undertaking a proper FAR analysis or recording reasons on functional dissimilarity, is unsustainable: ITAT (See Breaking News)

I-T - Notice for re-assessment u/s 148 for Assessment Year 2015-16, is invalid and barred by limitation if it was issued on or after April 1, 2021: ITAT (See Breaking News)

TP - As per Sec 153(4), where reference u/s 92CA was made to TPO, then time limit stands extended by another 12 months: ITAT (See Breaking News)

DTAA - Receipts from bandwidth services cannot be taxed as royalty as per section 9(1)(vi) or Article 12(3) of the India-Singapore DTAA: ITAT (See Breaking News)

TP - If company's financials show predominantly software development service income and it satisfies all quantitative filters, denial of inclusion merely because it provides ancillary support services is not justified: ITAT (See Breaking News)

TP - ALP for benchmarking electricity transactions should include gross rate charged by State Electricity Authority, which includes mandatory charges such as demand and penal charges: ITAT (See Breaking News)

DTAA - Provisions of the DTAA are not triggered by DDT paid by a domestic company u/s 115-O: ITAT (See Breaking News)

I-T - Proviso to Sec 149 provides that up to A.Y 2021-22 (period before amendment), period of limitation as prescribed in erstwhile provisions of Section 149(1)(b) would be applicable: ITAT (See Breaking News)

I-T - Income from distribution of standardized software products by distributor, who does not own intellectual property, cannot be characterized as FTS: ITAT (See Breaking News)

I-T - If international transactions between parties relating to non-exclusive distributorship and sale of software, were found to be at arm's length, no further attribution of profit can be made to PE: ITAT (See Breaking News)

INTL - Interest paid u/s 201(1A) for delayed deposit of TDS is not compensatory in nature & does not qualify as allowable business expenditure u/s 37(1): ITAT (See Breaking News)

INTL - Disallowance u/s 40(a)(i) sustainable where assessee paid a substantial sum to an international consultant, thereby creating an employer-employee relationship attracting TDS u/s 192: ITAT (See Breaking News)

I-T - Procedure u/s 144C(1) has to be followed by Assessing Officer only if he proposes to make any variation which is prejudicial to interest of eligible assessee: ITAT (See Breaking News)

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Calling for applications for posting at Under Secretary Level in Foreign Tax & Tax Research Division of CBDT By TII News Service Feb 07, 2018 , New Delhi
F.No.500/52/2010-FTD.I/291-292 GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF DIRECT TAXES (FOREIGN TAX & TAX RESEARCH-I DIVISION) Dated: February 7, 2018 To All Principal Chief Commissioner of Income Tax (CCA) Subject: Calling for applications for posting at Under Secretary Level in Foreign Tax & Tax Research Division of CBDT- reg. This is to inform you that one post at the level of Under Secretary in FT&TR Division, CBDT has fallen vacant, which is to be filled up on urgent basis from the IRS Cadre. 2. In this regard, reference may be made to this division's OM of even no. dated 31.10.2017 (copy enclosed). It is to be informed that the last date for submission of application has been extended to 28.02.2018 with the same terms and conditions. Applicants may accordingly apply. 3. Applicant officers may send an advance copy of their application along with the brief resume through e-mail to pragya.saksena@nic.in (Deepak Kapoor) Under Secretary (FT&TR-1(1)]

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