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....
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Flagship Indian Investment Company (Mauritius) Limited Vs Asst. DIT (ITAT Mumbai) -
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....
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Re. Bharti AXA General Insurance Corporation Ltd. (AAR) -
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)....
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Birla Sunlife Asset Management Company v. ITO (ITAT Mumbai) -
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-res...
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M/s Dun & Bradstreet Information Services India Pvt. Ltd. Vs. ADIT (ITAT Mumbai) -
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 pu...
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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...
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Gartner Ireland Ltd Vs. DDIT (ITAT Mumbai) -
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 au...
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Addl. CIT Vs. Rollatainers Ltd. (ITAT Delhi) -
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 ...
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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. ...
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Abhishek Auto Industries Vs. DCIT (ITAT Delhi) -
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...
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