corporation usa

Supreme Court (SC) [2010-TIOL-04- SC-IT] in the case of Oracle Software India Ltd. (Taxpayer) on the issue of whether the process of converting a blank compact disc (CD) into a recorded CD, by duplicating the master copy of software on it, constitutes 'manufacture' under the Indian Tax Law (ITL) for the purpose of claiming tax holiday. The SC held that the processing of recordable media on to a blank CD amounts to 'manufacture' under the ITL, Full Article

Section 92 is not applicable with regard to advertisement expenditure which has been borne by the assessee as a result of the Franchise Agreement with Indian franchises and the same has resulted into lesser profit/loss of the assessee and more profit to the franchises and it has no impact on the income of the American principal because whether the advertisement expenditure is borne by the assessee or by the franchises, the benefit of American principal will remain the sa.. Full Article

The Delhi bench of the Income-tax Appellate Tribunal (the Tribunal), in the case of Oracle India (P) Ltd. V. ACIT (2009-TIOL-540-ITAT-DEL) (the taxpayer) held that section 40A(2) of the Income-tax Act, 1961 (the Act) overrides the provisions relating to computation of business income only and thus in relation to international transactions, the specific provisions embodied in Chapter X (section 92 - 92F) shall override the general provisions embodied in section 40A of the.. Full Article

SUMMARY OF CASE LAW Section 143, read with sections 234A to 234C, of the Income-tax Act, 1961, and articles 12 and 7 of the DTAA between India and USA – Assessment – General – Assessment years 2002-03 and 2003-04 – Whether return of income filed by an assessee, for purpose of section 143(1), would include [...] Full Article