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Madras High Court Allows Assessee's Appeal in TDS Dispute on Internet Charges Paid to Non-Resident — Payments for Telecom Connectivity Not Royalty or Fees for Technical Services. Section 40(a)(i) Disallowance Set Aside as Payments Were Not Chargeable to Tax Under the Income Tax Act, 1961.

The appellant, M/s. Cognizant Technology Solutions India Private Limited, is engaged in the development and export of computer software. For the asses...

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Bombay High Court Dismisses Revenue's Appeal in TDS Classification Dispute. Storage Charges for Hiring Tanks Held to Be 'Work' Under Section 194C, Not 'Rent' Under Section 194I of Income Tax Act, 1961.

The case involves two appeals by the Commissioner of Income Tax (TDS) against a common order of the Income Tax Appellate Tribunal (ITAT) regarding the...

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Bombay High Court Allows Revenue's Appeal in TDS Dispute — Storage Charges for Hiring Tanks Constitute Rent Under Section 194I. Payment for use of storage tanks for imported edible oil is 'rent' under Section 194I of the Income Tax Act, 1961, requiring TDS at 20%, not 2% under Section 194C.

The case involves two appeals by the Commissioner of Income Tax (TDS) against a common order of the Income Tax Appellate Tribunal (ITAT) relating to t...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Reassessment Case — Tribunal's Finding of Full Disclosure Upheld. Reopening Beyond Four Years Invalid as Assessee Disclosed All Material Facts in Return.

The appeal was filed by the Principal Commissioner of Income Tax-28 under section 260A of the Income Tax Act, 1961, challenging the order of the Incom...

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Bombay High Court Directs Issuance of Certificate Under Income Declaration Scheme, 2016 Despite Delay in Payment of Tax. Petitioner's failure to pay tax within prescribed time due to financial constraints was condoned as the scheme was beneficial and the delay was not contumacious.

The petitioner, Kamla Chandrasingh Kabali, a spinster, could not file income tax returns for assessment years 2011-12 to 2014-15 due to unfavourable f...

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Karnataka High Court Dismisses Appeal in Rent Recovery Suit — Upholds Trial Court Decree for Arrears of Rent and Interest. Defendant failed to prove payment of rent for disputed period; plaintiff entitled to recovery of Rs.6,29,249/- with interest at 6% p.a. from date of suit till realization.

The present Regular First Appeal was filed by the defendant, M/s. Hinduja Fashions, against the judgment and decree dated 6.11.2015 passed by the VII ...

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Bombay High Court Dismisses Challenge to Arbitral Award in Broadcast Rights Dispute — Upholds Award of Rs. 4.77 Crore with Interest. Arbitrator's findings on breach of contract and quantum of damages were not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The Petitioner, Maharashtra Film Stage and Cultural Development Corporation Ltd., a Government of Maharashtra corporation, challenged an Arbitral Awar...

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Bombay High Court Dismisses Petition Challenging Rejection of TDS Refund Under Section 264 of Income Tax Act, 1961. Assessee Failed to Establish That Payments to Foreign Collaborator Were Not Royalty Under Section 9(1)(vi) Read with DTAA.

The petitioners, M/s BASF (India) Limited and Mr. P.A. Ramasamy, filed a writ petition challenging the order dated 28th February 2001 passed by the Co...