objections

Dispute Resolution Panel to pass speaking order after considering objections and evidences furnished by the taxpayer

Delhi High Court in the case of Messe Dusseldorf India Pvt. Ltd. (Taxpayer) [2010-TIOL- 74-HC-DEL-IT] dismissing a writ petition, held that in cases where a taxpayer has not been provided an opportunity of being heard by the Transfer Pricing Officer, the taxpayer is entitled to raise all objections and furnish necessary evidence to the Dispute Resolution Panel (DRP). The DRP has to pass speaking order after taking into consideration the objections filed and evidences fur..
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Income-tax dispute resolution panel may hit tax collection by Rs 10,000-crore

The government’s tax collections could take a Rs 10,000-crore hit this year due to the setting up of the income-tax dispute resolution panel (DRP) for settling transfer pricing disputes. Such a dispute arises when there is a disagreement between the government and the taxpayer, especially a foreign company, in determining the tax liability of its subsidiary.
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Principle of mutuality applicable when there is complete identity between the contributors and the participators

CASE LAW DETAILS Decided by: ITAT, MUMBAI BENCHES `E’, MUMBAI, In The case of: The Jai Hind Co-op Housing Society Ltd. V.ITO, Appeal No.: ITA NO. 88/Mum/2006,  Decided on: December 17, 2008 RELEVENT PARAGRAPH 7. We have the rival submissions and perused the records. During the year under consideration the assessee society had claimed as [...]
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Prerequisite of section 12AA of IT Act for rejection of registration of a trust

CASE LAW DETAILS Decided by:. ITAT, MUMBAI BENCHES `G’, MUMBAI, In The case of: Memorial Medical Association v CIT, Appeal No. : ITA No. 2957/Mum/2006, Decided on: March 18, 2009 SUMMARY OF CASE LAW The requirement of section 12AA is that the order granting or refusing the registration is to be passed by the CIT [...]
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Non-compete right’ acquired by an assessee is eligible for depreciation under clause (ii) of section 32(1) of IT Act

CASE LAW DETAILS Decided by:. ITAT, BENCH `A’ CHENNAI, In The case of: ITO v Medicorp Technologies India Ltd., Appeal No. : ITA No. 2328/Mds/2007, Decided on: January 16, 2009 SUMMARY OF CASE LAW Capability to have a market value, assignability, transferability, diminution in value, are no more the touch stones on which the admissibility [...]
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Sharing of knowledge shall not be called as consulting engineering service when expertise acquired by a concern is also used for its own benefit along with others

CASE LAW DETAILS Decided by:. CESTAT, PRINCIPAL BENCH, NEW DELHI, In The case of: Nyco S. A. v. CST, Appeal No. : STA No. 19 & 27 of 2007 –Cus. , Decided on: February 23, 2009   RELEVENT PARAGRAPH  6. We have thoroughly gone through the averments of both the sides. To appreciate the case of [...]
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CBEC issued circular on Monitoring & disposal of pending appeals

Circular No.  885/05/ 2009-CX  Dt 30.4.2009  (F.No.275/121/2008-CX.8A) Central Board of Excise & Customs     Subject:  Monitoring of pendency of appeals – instructions regarding. In supersession of the Circular No. 291/7/97-CX dated 20.1.1997 and considering the present pendency of disposal of appeals by Commissioner (Appeals), the norms of disposal of appeals by Commissioner (Appeals) has been reworked out.  [...]
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I-T Dept makes online info submission mandatory for remittance of money to non-residents

In a move to plug loopholes that led to the alleged tax evasion by telecom giant Vodafone, the Income-Tax Department will make it mandatory for firms to submit information to it online before remitting payments to foreign companies, from July this year. “The information … shall be furnished electronically to the website designated by the [...]
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