income tax act 1961

  • Sep
  • 02

Trade advance given to give effect to a commercial transaction can not be treated as deemed dividend

HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : 14.05.2009  ITA No 1130/2007 COMMISSIONER OF INCOME TAX  versus SHRI RAJ KUMAR  CORAM :- HON’BLE MR JUSTICE VIKRAMAJIT SEN HON’BLE MR JUSTICE RAJIV SHAKDHER 1. Whether the Reporters of local papers may be allowed to see the judgment ? Yes 2. To be referred [...]

Read the Full Article

  • Sep
  • 02

Identification of donor and receipt of gift by cheque not sufficient to prove genuineness of gift

CASE LAW DETAILS Decided by: HIGH COURT OF PUNJAB AND HARYANA,  In The case of: Yash Pal Goel v. Commissioner of Income-tax (Appeals), Chandigarh,  Appeal No.: [2009]  , IT APPEAL NO. 389 OF 2008 ( Decided on: January 20, 2009 In the instant case, the assessee claimed that an amount of Rs. 98,000 was received by him [...]

Read the Full Article

  • Aug
  • 29

Implications of the draft code

The long awaited Direct Tax Code Bill 2009 (‘Code’) was finally unveiled by the Finance Minister on August 12, 2009. The Code seeks to bring all direct taxes under one code and pave way for a single unified tax reporting system. The Finance Minister has indicated that the Code has been drafted on a clean [...]

Read the Full Article

  • Aug
  • 26

Guidance note on Clause 17A of 3CD report – Amount inadmissible u/s. 23 of the Micro, Small and Medium Enterprises Development Act, 2006

This is a new clause inserted by the Central Board of Direct Taxes through its Notification No. 36/2009 dated 13-4-2009, in the Form No.3CD in Appendix II of the Income-tax Rules, 1962 . 

Read the Full Article

  • Aug
  • 24

Taxability of Income to American company by allowing use of its database located abroad to customers in India

The applicant maintains a `database’ which is located outside India and which contains the financial and economic information including fundamental data of a large number of companies world-wise. The customers of the applicant are mostly financial intermediaries and investment banks which have the need for such data. The databases contain the published information collated,

Read the Full Article

  • Aug
  • 24

Warrant of authorization decides whether a person has been subjected to search or not

. Section 132(1) empowers the Director General or Director or the Chief Commissioner or Commissioner or any such Joint Director or Joint Commissioner, as may be empowered in this behalf by the Board to authorize Joint Director, Joint Commissioner or other lower authorities to conduct the search if the former authority has reason to believe that the case falls under clauses (a) to (c) of sub­section (1).

Read the Full Article

  • Aug
  • 19

Direct Tax code may take all benefit away from Factories, Business Processing Units and software development firms inside SEZ

Factories, Business Processing Units and software development firms inside Special Economic Zones (SEZ) will lose all income tax benefits—the most crucial incentive for the tax free industrial enclaves— if the direct taxes code replaces the Income Tax Act of 1961 without any change. The proposed norms also talk of tightening tax incentives to developers of [...]

Read the Full Article

  • Aug
  • 19

Accounting and Provisions of Minimum Alternate Tax (MAT)

Chapter XIIB of the Income Tax Act, 1961 covers Minimum Alternate Tax U/s. 115JB, which covers cases under ‘Special Provision for Payment of tax by certain companies’.. The relevant extract of this section is produced below:

Read the Full Article

  • Aug
  • 17

PPF Act need to be amended to increase the Investment Limit to Rs. 100000/-

Keeping in view that the Income-tax Act, 1961 was amended by the Finance Act, 2005 permitting an individual to deposit to the maximum of Rs. 1,00,000/- in any of the specified schemes, the concerned authorities should take steps to amend clause 3 of the PPF Scheme in terms of section 80C of the Income-tax Act.

Read the Full Article

  • Aug
  • 16

Annual Information Return- meaning, provisions, Applicability and FAQ

What is Annual Information Return (AIR)? As per the amendment to Section 285BA of the Income Tax Act, 1961, specified entities (Filers) are required to furnish an Annual Information Return (AIR) in respect of specified financial transactions registered/recorded by them during the financial year (beginning on or after April 1, 2004) to the income tax [...]

Read the Full Article