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Archive: December, 2010

Posts in December, 2010

Promotion of real estate venture by Airlines in air is taxable as Business Auxiliary Service

December 25, 2010 495 Views 0 comment Print

The appellant came up in appeal against Order-in-Original dated 27.7.2009 passed by learned Commissioner relating to the period July 2003 to January 2007, giving rise to following consequences

It is mandatory for assessee, to follow one of prescribed methods and demonstrate that international transactions, entered into by it, with an associated enterprise, are at Arms Length Price

December 25, 2010 725 Views 0 comment Print

During the year, the assessee has shown export sale of polished diamonds and claimed deduction u/s. 80HHC. The assessee also filed an Audit Report in the Form No. 3CEB. The Assessing Officer referred the case to the Transfer Pricing Officer (TPO) for determination of Arms Length Price (ALP) u/s. 92CA(3).

Section 115JB is not designed to be applicable to a foreign company, who has no presence or PE in India

December 25, 2010 2780 Views 0 comment Print

As the applicant does not have any physical presence in India in the form of an office or branch or a PE, the provisions of section 115JB are not applicable on the sale of shares of a listed company by the applicant, which has suffered securities transaction tax and accordingly, tax exempt under section 10(38)

Indo-Singapore DTAA – Mere existence of a PE in India cannot lead to a conclusion that royalties arise in India

December 25, 2010 1069 Views 0 comment Print

The facts of the case are that the assessee is a Singapore based company engaged in the business of acquiring television programs, motion pictures and sports events and exhibiting the same on its television channels from Singapore. The assessee is a tax resident of Singapore in terms of Article 4 of the India Singapore Tax Treaty.

IIFCL to guarantee infrastructure companies bond issues under new offering

December 25, 2010 378 Views 0 comment Print

On the proposed Rs 1,200-crore tax-free infra bonds issue, he said, within the next three days they will hit the market with an ad for this. By January, the first tranche of Rs 400 crore will hit the streets. It will raise the remaining Rs 800 crore

Cong leader demands Income Tax scrutiny of companies’ signing MOU with Gujrat government

December 25, 2010 561 Views 0 comment Print

The leader of Opposition in the state Assembly, Shaktisinh Gohil, has demanded that the Income Tax department should find out if the companies signing memoranda of understanding (MoUs) with the state government at the Vibrant Gujarat Global Investors

I-T Search- l Engineering Company admits to concealing Rs 200 crore

December 25, 2010 633 Views 0 comment Print

The owners of Patel Engineering Limited, a listed company, admitted to the concealment of income of Rs 200 crore during searches conducted by the income tax (I-T) authorities. The company is mainly into construction of bridges, dams and highways. I-T authorities had searched 25 premises of the company and its owners in Mumbai, Hyderabad, Kolkata, Bangalore and Buldhana last Thursday and Friday.

RBI to banks – Don't give loans beyond 80 Percent of home value

December 25, 2010 492 Views 0 comment Print

Concerned over excessive flow of banking funds to the real estate sector, the Reserve Bank today said lenders will provide loans only up to 80 per cent of the cost of property. Following the RBI directive, a home buyer will necessarily have to arrang

Indian Economy resilient to both External and Domestic Shocks but still faces many challenges

December 25, 2010 417 Views 0 comment Print

Health facilities with focus on rural areas, addressing the requirement for education from primary to the higher and technical education level and development of vocational skills. He specifically mentioned about some of the important schemes being

Madras HC rules that disputes on ESI coverage should be referred to ESI court only

December 25, 2010 831 Views 0 comment Print

Disputes by business and other establishments on coverage of Employees State Insurance (ESI) and/or their clubbing would have to be raised before the appropriate ESI Court u/s 75 of the ESI Act, and petitions should not be preferred directly before t

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