"10 March 2017" Archive - Page 2

When no interest is received same cannot be taxed on hypothetical basis

M/s. Chhaganlal Kishanlal & Co. Vs DCIT Khandwa (ITAT Indore)

ITAT held that that if interest income does not result at all, there cannot be any tax and that if an income has not materialized, then merely an entry made about a hypothetical income by following book keeping methods, the liability to tax cannot be attracted....

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Seven foreign Re-insurers to set up branches in India

Seven foreign Re-insurers to set up branches in India The Insurance Regulatory and Development Authority of India (IRDAI) has issued Certificate of Registration to Seven foreign Re-insurers to set up branches in India. The details are as follows: 1)Munchener Ruckversicherungs-Gesellschaft Aktiengesellschaft. 2) Swiss Reinsurance Company L...

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Posted Under: Income Tax |

Activity of Mere Hiring of Machineries and Equipments does not attract TDS: Allahabad HC

CIT­ Vs M/S Jai Prakash Enterprises Ltd. (Allahabad High Court)

Taking of machinery and equipment on hire would not amount to a contract for carrying out any work as contemplated in section 194C of Act.The said contract i.e. taking of machinery and equipment on hire also cannot be treated with a contract for supply of labour. ...

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Indian Stocks Soar but Banks are Weighing on the Nifty 50

The Nifty 50, India’s most liquid basket of stocks, broke out this week, testing the 9K level, following positive news about the potential growth of the economy according to the U.S. based credit rating agency Fitch.  With animal spirits across the globe driving share trading markets higher, India’s riskier assets will likely continu...

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Posted Under: Income Tax |

With GST on anvil, do we really need TDS in income tax now?

With advent of GST, government will be able to track much more transactions due to invoice wise return, difficulty to bypass the credit chain and linking of income tax with indirect tax through PAN....

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Posted Under: Income Tax |

Royalty is revenue expense if no right after License termination to Assessee

CIT Vs. H-One India Pvt. Ltd. ( Allahabad High Court)

Royalty and fee for technical assistance are revenue in nature if upon license termination rights created in favour of assessee gets extinguished....

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Be credit alert to be credit healthy

Life is tough for 35-year-old Sachin Shinde who moved from Solapur to Mumbai about five years back. Working as an executive assistant of a film director earns him just about enough to survive in a big city like Mumbai where his dream is to give his daughter a good education. ...

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Posted Under: Income Tax |

sec. 2(22)(e) covers only those transactions which benefit shareholder alone

Deputy Commissioner of Income-tax Vs M/s. The Hooghly Mills Co. Ltd. (ITAT Kolkata)

Thus, section 2(22)( e) of the Act covers only such situations, where the shareholder alone benefits from the loan. In the instant case the company benefits from the said transaction, it will take the character of a commercial transaction and hence will not qualify to be dividend. ...

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Assessment cannot be reopened on expiry of period of limitation prescribed u/s 149(2)

Shri Narayandas Tolani, Prop. Vs ITO (ITAT Indore)

Plain language of sub-section (2) of Section 150 clearly restricts the application of sub-section (1) of Section 150 to enable the authorities to reopen the assessments which have not already become final on the expiry of the period of limitation prescribed u/s 149(2) of the Act....

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Section 269SS and 269T applicable to NBFC: RBI

DNBR (PD) CC.No.086/03.10.001/2016-17-RBI (09/03/2017)

Section 269SS and 269T of the Income Tax Act, 1961, the requirements under the Income Tax Act, 1961, as amended from time to time, would be applicable to all NBFCs with immediate effect. Currently, the relevant threshold under the Income Tax Act, 1961 is Rupees Twenty thousand....

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