for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s. Indo Gulf International, D-174, Kamala Nehru Nagar, Opposite Blind School, Jodhpur – 342001 and others issued vide, DRI F.No. 23/38/2007-DZU dated 30th June, 2008, by the Additional Director General, Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi.
M/s. Rifle Association of India, 51-B, Institutional Area, Tughlakabad, New Delhi, issued vide, DRI F.No. 23/39/2006-DZU dated 16th February, 2009, by the Additional Director General, Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi.
Government of India Ministry of Finance (Department of Revenue) Notification No. 95/2009-Customs (N.T.) New Delhi, dated the 20th July, 2009. 29 Ashadha, 1931 Saka. S.O. (E). – In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central […]
for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to Firoj Usman Memon, A/G/02, Sarvodya Rajesh Cooperative Housing Society, Meghwadi, Jogeshwari(E), Mumbai – 400 060 and others and Shri Kaushik Maru, B-107, Jude Residency, Narohna Cross, Garden, Bhayandar(W) – 401 101 and others issued vide, F.No. DRI/MZU/E/33/2007(Pt-I)/ DRI/BZU/E/Int-43/2006 dated 23.10.08 and F.No. DRI/MZU/E/33/2007(Pt-IV)/ DRI/MZU/E/Int-43/2006 dated 23.10.08, by the Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai.
for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s Neeru Trading Company, Shop No. 2533/14, Sai Chamber, Gali Lantern Wali, Naya Bazar, Delhi – 6 and others issued vide, DRI F.No. 50D/121/2007-CI, dated the 25th February, 2009, by the Additional Director General, Directorate of Revenue Intelligence, 7th Floor, I.P.Bhavan, I.P.Estate, New Delhi – 110 002.
for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s. EDAG Technologies India Private Limited, A-603, Signature Tower, South City, Gurgaon and others, issued vide, DRI F.No. 50D/7/2006-CI dated 7th January, 2009, by the Additional Director General, Directorate of Revenue Intelligence, 7th Floor, “D” Block, I.P.Bhavan, I.P.Estate, New Delhi – 110 002.
Instruction No : 05/2009 Date : 20.07.2009- Withdrawal of Instruction No. 1829, dated 21-9-1989 dealing with taxability of income arising to non-residents from the execution of power projects on turnkey basis
12. Under the provisions of Section 147 of the I.T. Act, the Assessing Officer has the power to reassess the income for any Assessment Year where he has a reason lo believe that any income chargeable to tax had escaped assessment for any Assessment Year. The power is also given to Assessing Officer to recompute the loss or the depreciation allowance or any other allowance for the Assessment Year
12. We have heard both the parties. The first contention of the learned AR is that section 195 is not applicable because the deductee is a tax resident of India and is being assessed in India. This ground of appeal has been decided by the learned CIT (A) against the deductor and the deductor has not filed any cross objection. Therefore, it cannot be held that section 195 will not be applicable
13. After hearing both the parties, we do not find merit in the appeal of the revenue on this issue for the reasons given hereafter. The question for adjudication is whether the sum of Rs. 42,09,874/-represen ting the payment of salary to the engineers at Head Office in respect of the work done by them vis-a-vis the Halida Project in India can be considered as head office expenses for the purpose of section 44C of the Act
