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Archive: 20 May 2010

Posts in 20 May 2010

Salary accrued outside India cannot be taxed in India merely because it is received in India

May 20, 2010 2646 Views 0 comment Print

Explore the International Taxation dispute of Dylan George Smith vs ITAT Bangalore. Analysis of salary income taxation on accrual basis. Legal insights.

In view of insertion of explanation in section 65 (105)(zzc) Commercial training or coaching centre include any centre or institute, by whatever name called – SC

May 20, 2010 948 Views 0 comment Print

Expression ‘commercial training or coaching centre’ occurring in this sub-clause and in clauses (26), (27) and (90a) shall include any centre or institute, by whatever name called, where training or coaching is imparted for consideration, whether or not such centre or institute is registered as a trust or a society or similar other organisation under any law for the time being in force and carrying on its activity with or without profit motive and the expression “commercial training or coaching” shall be construed accordingly. In the above circumstances, we set aside the impugned order of CESTAT and direct the Tribunal to examine this case de novo in the light of the Explanation inserted in the Act.

Revised Agreement between Republic of India and the Republic of Finland with respect to taxes on DTAA

May 20, 2010 1352 Views 0 comment Print

Notification No. 36/2010-Income Tax The revised Agreement and the Protocol between the Republic of India and the Republic of Finland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (DTAA) was signed by the Chairman, CBDT on behalf of Government of India and the Ambassador of Finland on behalf of Government of Finland on 15th January, 2010 and has come into force on 19th April, 2010.

Section 90 of the Income-tax Act, 1961 – Double Taxation Agreement – Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Finland

May 20, 2010 1177 Views 0 comment Print

Notification No. 36/2010-Income Tax Whereas, an Agreement and the Protocol between the Government of Republic of India and the Government of the Republic of Finland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income was signed at New Delhi on the 15th day of January, 2010;

Withholding tax obligation applies on payments to non-residents only if there is income chargeable to tax in India

May 20, 2010 4433 Views 0 comment Print

The Special Bench of the Tribunal, departing from the Karnataka High Court’s decision in the case of Samsung Electronics, rules that withholding tax obligation on payer applies on payments to non­residents only if there is income chargeable to tax in India. Further obtaining CA’s certificate is an alternative procedure for lower or nil withholding cases.

ITAT Delhi ruling provides guidance for ascertaining arm’s length price of an international transaction under TNMM

May 20, 2010 2057 Views 0 comment Print

Established in September, 2001, IL Jin Electronics (I) Pvt. Ltd. (IL Jin/ Taxpayer) is engaged in the business of manufacturing & selling printed circuit boards for consumer durables. It commenced commercial production in January, 2002. During FY 2002-03, for its operations, the Taxpayer entered into various international transactions (See Note 1 below) with its AEs, with the bulk of international transactions being that of purchase of raw material.

Procedure for VAT registration under Punjab VAT Act 2005

May 20, 2010 34689 Views 28 comments Print

Who is required to get registered as a VAT Dealer under Punjab VAT Act 2005? Every person, except a casual trader and one dealing exclusively in goods declared tax free, whose gross turnover during the year exceeded the taxable quantum, as provided below, is liable to pay tax under the Punjab VAT Act by way of VAT on the taxable turnover.

SEZ- Withdrawal of Instruction No. 34

May 20, 2010 412 Views 0 comment Print

I am directed to refer to Instruction 56, dated 7th May, 2010 of this Department and to say that pursuant to the Notification dated 13th January, 2010 whereby sections 20, 21 & 22 of SEZ Act, 2005 have been operationalised, Instruction No. 34 dated 3rd August, 2009 stands withdrawn.

Notification No. 23/2010-Central Excise (N.T.); Dated: 20.05.2010

May 20, 2010 988 Views 0 comment Print

Notification No. 23/2010-Central Excise (N.T.), New Delhi, the 20th May, 2010. G.S.R. (E). – In exercise of the powers conferred by sub-section (1) of section 5 of the Central Excise Tariff Act, 1985 (5 of 1986), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendments in the First Schedule to the Central Excise Tariff Act, 1985, namely:-

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