ITAT: Additional disallowance in final assessment order in deviation from draft order, impermissible

Mumbai ITAT deletes Sec 80IC disallowance made by AO in the final assessment order, over and above the amount disallowed in the draft assessment order for AY 2008–09,

Aug 10, 2018

HC: Derides Revenue for filing TP-appeals on comparables selection in ‘ritualistic manner’

Bombay HC dismisses Revenue’s appeal, upholds ITAT’s exclusion of 4 comparables on grounds of functional dissimilarity, abnormal profit etc. for assessee providing software development services to AE for

Aug 07, 2018

HC: Upholds ITAT-order quashing assessment; Draft order issue necessary even in remand proceedings

Goa Bench of Bombay HC dismisses Revenue’s appeal, confirms ITAT order holding assessment order in remand proceedings, which was passed without issuing a draft order u/s 144, as

Aug 06, 2018

HC: Upholds ICRA-Online inclusion; Rejects assessee’s water tight classification for KPO-BPO

Karnataka HC dismisses assessee’s appeal challenging ITAT-order on 2 comparables (Jeevan Scientific Technologies Ltd and ICRA Online Ltd) for assessee rendering ITeS to AE for AY 2011-12, follows Softbrands India

Aug 03, 2018

HC: DRP's refusal to condone delay not 'direction' u/s 144C(5); Confirms CIT(A) appeal route

Madras HC (Division Bench) upholds Single Judge’s order dismissing assessee’s writ against DRP order & AO’s final assessment order for AY 2012-13 citing alternate remedy before CIT(A); Notes

Aug 01, 2018

ITAT: Deletes TP-adjustment on royalty/ intra-group services; TPO cannot determine ALP on estimated basis

Mumbai ITAT deletes TP-adjustment in respect of assessee’s payment towards royalty and information system services for AY 2012-13; In respect of royalty payment, notes that AO/TPO disallowed the

Jul 31, 2018