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Archive: 09 December 2010

Posts in 09 December 2010

Disallowance U/s. 14A of expenditure incurred in relation to exempt income

December 9, 2010 1070 Views 0 comment Print

This Article summarizes recent decisions Bombay and Kerala High Courts on the issue of disallowance of expenditure incurred in relation to exempt income by way of dividend on shares.

Non-Residents are allowed to toggle between the DTAA and the Income tax Act, whichever is beneficial to them

December 9, 2010 1622 Views 0 comment Print

Ruling allows the non-resident assessees to toggle between the DTAA and the Act. The logic of the decision is also in consonance with the provisions of the section 90(2) of the Act which allows the non-residents to be governed by the provisions of the DTAA or Act, whichever is beneficial to them.

Payment for procurement of support services from foreign affiliate not liable to tax in India

December 9, 2010 816 Views 0 comment Print

Authority for Advanced Ruling (AAR) held that payment for procurement of support services vis-a-vis business, marketing, information technology and strategy from foreign affiliate company are not Fees for Technical Services (FTS) and royalty within the meaning of Article 12 of the India-Singapore tax treaty (tax treaty).

An Asset management company can be treated as an agent of non-resident investors

December 9, 2010 2402 Views 0 comment Print

This decision could have far reaching impact on asset management companies. Apart from the withholding tax obligations, asset management companies could also be regarded as agents of non-resident investors. This implies that asset management companies could be proceeded against by the tax authorities for assessment and recovery of non-resident investors’ taxes.

Sale of Business Information Report by a non-resident can not be treated as ‘royalty’ taxable in India

December 9, 2010 1785 Views 0 comment Print

ITAT held that the consideration paid by the taxpayer to foreign affiliates for purchase of Business Information Report (BIR) was not ‘royalty’ within the meaning of explanation 2(iv) to section 9(1 )(vi) of the Income-tax Act, 1961 (the Act). Further, no withholding of tax is required when payment is made to foreign affiliates for purchase of Business Information Report.

Home Loan Interest Rates may go upward by January 2011

December 9, 2010 432 Views 0 comment Print

Bringing prudence in lending to home borrowers, the Reserve Bank of India (RBI) today increased provisioning for teaser loan rates by 160 basis points, from 0.4 per cent to 2 per cent. For the first time, the central bank has sought to curb excessive

Subscription income received by a foreign entity from Indian clients is not Royalty in accordance with the India-Ireland tax treaty

December 9, 2010 1712 Views 0 comment Print

Mumbai bench of the Income-tax Appellate Tribunal held that subscription income received by a foreign entity from Indian clients is not in the nature of Royalty in accordance with the India-Ireland tax treaty (tax treaty). Further, the Tribunal relying on various Supreme Court decisions observed that the orders of the higher appellate authorities should be followed by the subordinate authorities and non compliance of this rule will result into undue harassment to taxpayers and chaos in the administration of tax laws.

Taxability of benefit of waiver of loans and unpaid interest for borrower

December 9, 2010 2432 Views 0 comment Print

The ITAT ruled that waiver of unpaid interest, which was not allowed as deduction in the past, is not liable to tax under the specific provisions of Indian Tax Laws (ITL) which provide for taxation of remission of trading liability. The ITAT also ruled that waiver of term loans used for acquiring capital assets is not liable to tax under the specific provisions of the ITL which provide for taxation of benefit or perquisite arising from business. The ITAT further held that waiver of cash credit facility used for trading operations is liable to tax since the benefit bears revenue character and, therefore, in the nature of benefit or perquisite arising from business.

Procurement law in making – Salman Khurshid

December 9, 2010 351 Views 0 comment Print

The government will devise a national procurement law that will clearly lay down principles to make the process for all organisations, including PSEs, transparent and competitive to minimise bidder collusion and frauds.

Transfer pricing adjustment can be made only to the international transactions

December 9, 2010 2024 Views 0 comment Print

Payment of royalty and knowhow fee under an agreement can not be ignored by the Revenue while doing the Transfer Pricing analysis, the transfer pricing adjustment can be made only to the international transactions and not transactions at the enterprise level which include domestic transactions, and internal comparability is most efficient when it involves the transactions of the tested party itself.

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