https://www.taxtmi.com/caselaws?id=456205 ITAT Ahmedabad remanded TDS u/s 195 matter to AO for fresh determination of expense nature and DTAA applicability after assessee raised new arguments regarding technical services versus independent personal services classification. Tribunal upheld CIT(A)'s allowance of weighted deduction u/s 35(2AB) for R&D expenses, finding AO's disallowance unjustified when DSIR had approved capital expenditure. CIT(A)'s deletion of s.40(a)(i) addition on USA legal services was sustained, as services didn't involve technical knowledge transfer under India-USA DTAA. Interest disallowance u/s 36(1)(iii) deletion was confirmed following precedent and business purpose demonstration. MAT adjustments for provisions were deleted following HC precedents where provisions reduced asset values rather than creating separate provision accounts. en-us Wed, 17 Apr 2024 00:00:00 +0530 Mon, 16 Dec 2024 12:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456205 ITAT Ahmedabad remanded TDS u/s 195 matter to AO for fresh determination of expense nature and DTAA applicability after assessee raised new arguments regarding technical services versus independent personal services classification. Tribunal upheld CIT(A)'s allowance of weighted deduction u/s 35(2AB) for R&D expenses, finding AO's disallowance unjustified when DSIR had approved capital expenditure. CIT(A)'s deletion of s.40(a)(i) addition on USA legal services was sustained, as services didn't involve technical knowledge transfer under India-USA DTAA. Interest disallowance u/s 36(1)(iii) deletion was confirmed following precedent and business purpose demonstration. MAT adjustments for provisions were deleted following HC precedents where provisions reduced asset values rather than creating separate provision accounts. Case-Laws Income Tax Wed, 17 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456205