Recently, the Mumbai bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of ADIT v. Solid Works Corporation [2010-TII-130-ITAT-MUM-INTL] Judgment date 1 April 2010, Assessment Year 2005-06) held that payment received by the taxpayer for sale of shrink wrapped software is not in the nature of royalty within the meaning of Article 12(3) of the India-USA tax treaty (tax treaty).
Recently, the Delhi bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of Technip Italy Spa v. ACIT (2010-TII-133-ITAT-DEL-INTL) after applying the decision of the Supreme Court in the case of Ishikawajima-Harima Heavy Industries Ltd. v. DIT [2007] 288 ITR 408 (SC) held that the income from offshore supply of equipment on a Cost Insurance Freight (CIF) basis under a composite contract is not taxable in India.
Deduction u/s.10B cannot be disallowed on ground of excess profits when the international transactions are held to be at arm’s length. The Chennai Bench of Income Tax Appellate Tribunal in the case of M/s Tweezerman India Private Limited Vs ACIT [2010-TII-45-ITAT-MAD-TP] has held that deduction of eligible profits under Section 10B cannot be disallowed on ground of excess profits where the international transactions have been held to be at arm’s length by the Transfer Pricing Officer.
The issue before the HC relates to certain provisions in the Indian Tax Laws (ITL) that provide for taxability, as dividend, of certain advances or loans made by a company to another concern when the lender/borrower have a common shareholder with substantial interest (deemed dividend provisions). However, advance or loan is not treated as deemed dividend if it is made by the lending company in the ordinary course of its business and the lending of money is a substantial part of the company’s business.
ABC Limited (company) has written off Rs 5,00,000 as provision for inventory obsolescence in the year ended 31 March 2009. During the year ended 31 March 2010, XYZ determines that 50% of such stock has become usable due to the availability of an upd
A wholly owned subsidiary (WOS) issues shares in a right issue to its parent. The subsidiary incurs an expense of Rs. 1,000,000, on the issue of shares. In the financial statements of the subsidiary, this amount is adjusted against the securities pre
The assessee filed appeal to the Tribunal on denial of credit by lower authority on factory garden maintenance, plant housekeeping services. As regards insurance and tours and travels credit, it was denied on the grounds of non-availability of records.
E-services initiative of the Sales Tax Department, especially of e-return filing and e-payment facility, is welcomed by all as it is simple, fast and reliable. Due to active and whole hearted support and co operation of all the concerned, Sales Tax Dept. could implement e-Services successfully for MVAT Act.
At a time when direct tax collections increased 19%, the tax department has failed to adhere to its own compliance when it comes to tax refunds of salaried employees, with the backlog of 2007-08 still not cleared. Mumbai, which contributes close to 4
A chartered accountant was arrested by the Bandra police for allegedly cheating a family of Rs 65 lakh. The accused, Gopal Naik (56), had taken the money from Bandra resident Jude Soares after promising to invest it well. However, he did not pay the
