"10 February 2010" Archive

Chennai Special bench ruling on computation mechanism of tax holiday benefits

Scientific Atlanta India Technology Pvt. Ltd. (ITAT Chennai)

The issue before the SB was that, while computing the amounts eligible for tax holiday under the Indian Tax Law (ITL), whether the losses of an undertaking of the Taxpayer which is not eligible for tax holiday (Non-eligible Undertaking), are required to be set off against the profits of another undertaking of the Taxpayer which is eligibl...

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Goods and Service Tax – Some Issues

The greatest advantage of new GST regime is that it addresses fully the concern of tax cascading. Presently tax cascading is found in both- central and state taxes as the exempt sectors of economy (trade, oil etc) are not allowed to claim any cenvat credit of indirect taxes. It neither happens in excise duty nor in state value added tax. ...

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Posted Under: Income Tax |

Clarification regarding deduction in respect of contribution to pension scheme under Section 80 CCD

F.No. 275/192/2009-IT (B) (09/02/2010)

A number of representations have been received regarding deduction under Section 80 CCD for contribution made under pension scheme in the light of Circular No-1 /2010 dated 11th Jan’2010 issued on the subject of Deduction of Tax at Source etc....

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Income Tax Order No. 1/FT&TR/2010, dated 10-2-2010

ORDER NO. 1/FT&TR/2010-Income Tax (10/02/2010)

ORDER NO. 1/FT&TR/2010-Income Tax In supersession of Order No. 173/2009, dated 30th November, 2009 and in exercise of powers conferred under section 144C of the Income-tax Act, 1961, the Board hereby constitutes the Dispute Resolution Panel(DRP) comprising of three Commissioners of Income-tax/Director of Income-tax as Members of DRP at t...

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Will is only expression of wish, not arbitration agreement

A person who writes a will cannot provide that if there was a dispute among the successors, it should be resolved through arbitration. It would be merely an expression of a wish by the testator that the dispute should be settled by arbitration and cannot be considered as an arbitration agreement among the legatees, the SC stated in the ca...

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Posted Under: Income Tax |

Partner’s death is death of firm

When there are two partners, and one of them dies, the firm is automatically dissolved even if there is clause in the partnership deed that the firm will continue in existence. In the case, Mohd Laiquiddin vs Kamala Devi one party claimed that the partnership continued though one partner had died....

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Posted Under: Income Tax |

CA filed case of sexual harassment against her Boss

The Goregaon (E) police has booked the vice-president of the finance department of a multinational bank in a case of sexual harassment. The 26-year-old victim is a chartered accountant who works in the same department as the accused. The victims ordeal began on December 18, 2009, when her firm shifted its location from Lower Parel to Gore...

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Posted Under: Income Tax |

Centre in favour of single rate of CGST, SGST and uniform registration system linked to PAN

As is now well known, the Empowered Committee of State Finance Minister (EC) had, in November 2009, issued a First Discussion Paper (Paper) on the dual Goods and Service Tax (GST). This paper had set out the EC’s views on the nature of the dual GST, its coverage, the manner of its applicability, its coverage and on several other design ...

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Posted Under: Income Tax |

Rate of Tax deduction on royalty, technical services fees paid to non resident need to be reduced

Existing Income-tax Act provides that income earned by a non resident by way of ‘Royalty’ or ‘Fees for Technical Services’ (FTS) shall be charged to income tax at 10 per cent. The rates of tax in most of the Tax Treaties are also 10 per cent in respect of income from Royalty or FTS. Recently, India has signed tax treaties with sev...

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Posted Under: Income Tax |

Central registry for equitable mortgages will end home loan frauds

Home loan frauds may become a thing of the past with the country moving closer to a central registry for equitable mortgages. Once a central registry is in place, it would be virtually impossible for a borrower to raise loans twice against the same property or raise loans using forged documents....

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Posted Under: Income Tax |