Income Tax Appellate Tribunal

Judicial records held by the Income-Tax Appellate Tribunal are within the purview of the Right to Information Act

"We cannot accept the argument that because the information held by ITAT is in the form of only judicial record, such record is outside the purview of the RTI Act. The Supreme Court of India and High Courts, all have rules for disclosure of information both administrative and judicial.
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Payment made outside India taxable if deal has links with India

The Income-tax department can tax even a payment made to a foreign entity outside India, if the transaction has a business connection within the country, according to a verdict passed last week by the Income Tax Appellate Tribunal, Mumbai.
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In order to determine the arm’s length price of the international transaction, the arm’s length margin should be applied only on the international transaction

The Mumbai Bench of the Income-tax Appellate Tribunal (‘Tribunal’) in the case of T Two International Pvt. Ltd., Tara Jewels Exports Pvt. Ltd. and Tara Ultimo Pvt. Ltd. (See Note-1) (‘the ‘Company’ or ‘taxpayer’), held that in order to determine the arm’s length price of the international transaction, the arm’s length margin should be applied only on the international transaction and not on the entire costs / sales of the taxpayer, as the case may be.
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The Delhi High Court reiterates that tax is not required to be deducted if the payment made to non-resident is not chargeable to tax in India

Recently, the Delhi High Court in the case of Maharishi Housing Development Finance Corporation Ltd. v. ACIT (ITA no. 222 of 2009) (Delhi) after following its own decision in the case of Van Oord ACZ India (P) Ltd v. CIT [2010-TIOL-1 87-HC-DEL-IT] held that the question of tax withholding in case of payment made to non-resident would arise only if the said payment is chargeable to tax in India.
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Top Income Tax officers leaving job to join Private Sector

CLOSE on the heels of the voluntary retirements of a dozen officers two months ago, another set of officers from the Indian Revenue Service (IRS), the finance ministry’s arm for collecting direct taxes, have put in their papers. Many of the officers, it is learnt, are likely to take up more lucrative posts with the private sector, sooner or later.
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Law ministry invited applications for the posts of Judicial Members and Accountant Members in the Income Tax Appellate Tribunal

The Department of Legal Affairs, Ministry of Law & Justice has invited applications for the posts of Judicial Members and Accountant Members in the Income Tax Appellate Tribunal. There are 22 vacancies for the post of Judicial Member while there are 13 vacancies for the post of Accountant Member.
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