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Archive: 2010

Posts in 2010

Fiscally transparent partnership firm eligible for tax treaty benefits and application of “force of attraction” rule to profits indirectly attributable to PE

August 24, 2010 2905 Views 0 comment Print

The Ruling recognizes that a partnership firm, albeit a fiscally transparent entity, can be regarded as an entity liable to tax and hence eligible for benefits under the DTAA. The Tribunal has also observed that the fiction of deeming the PE to be a distinct and separate enterprise is for the limited purpose of preventing the manipulations that may arise in intra-group transactions. The Tribunal has also held that income from services rendered offshore for Indian projects are taxable in India in the hands of the PE even if they are not directly connected to the PE by interpreting the “direct or indirect profits attribution rule” in the India-UK DTAA in a wide manner.

Sebi plans to make listing of all mutual fund schemes mandatory

August 24, 2010 906 Views 0 comment Print

Transactions in mutual fund schemes could soon become as easy as those in stocks. Securities and Exchange Board of India (Sebi) is planning to make listing of all schemes mandatory. These will include all debt, equity, open-ended and close-ended schemes.

Sharma allays fears on SEZ tax sops

August 24, 2010 813 Views 0 comment Print

Commerce and Industry Minister Anand Sharma today said that he has conveyed investor concerns over the proposed withdrawal of fiscal benefits to SEZs to Prime Minister Manmohan Singh and assured the industry of protecting the exemptions.

Fake income tax commissioner held for extortion

August 24, 2010 1188 Views 0 comment Print

The crime branch of Delhi Police has arrested a 24-year-old man who allegedly posed as an income tax commissioner and demanded Rs 30 lakh from a businessman in return of closing a fictitious complaint against the victim. The accused, Dinesh Kumar, was arrested last Friday from the Millennium Park area in southeast Delhi.

Summary of Examiners’ Comments on the Performance of Candidates [Final (Old) Course and Final (New) Course, May 2010 Examination]

August 24, 2010 552 Views 0 comment Print

In a move to facilitate the students, the Board of Studies has compiled the comments of the examiners on all the subjects of the Final (Old) Course and Final (New) Course examinations held in May, 2010. The group-wise general comments of the examiners on the performance of the students have been summarised, which are followed by the question-wise specific comments on the mistakes committed by the students in different subjects.

Constitutionality of levy of service tax under the category of Information Technology Software Service upheld

August 24, 2010 618 Views 0 comment Print

The High Court held that Section 65(105)(zzzze) does not relate to goods as such as it imposes service tax on services provided or to be provided in relation to information technology software. The same can be brought under Entry 97 of List 1 of Schedule VII which relates to the residuary powers of the Parliament to make laws. Thus, the Parliament has the legislative competence to make laws relating to it.

ICWAI Inter and ICWAI Final Result of June 2010 under Syllabus 2008 will be declared on 31.08.2010

August 24, 2010 3067 Views 0 comment Print

Inter and Final Result of June 2010 under Syllabus 2008 will be declared on 31.08.2010. For Result check http://www.exam.icwai.org/result/default.asp

Ignorance of the law cannot be an excuse for buying an illegal unit

August 24, 2010 732 Views 0 comment Print

Padma Bhushan awardee and octogenarian Madhusudan Dhaky invested his lifetime savings into buying a flat. Little did he realise that the flat he bought was an illegal one. He is not alone to be duped, many property buyers fall prey to glib talks of unscrupulous real estate developers and agents. Ahmedabad Municipal Corporation (AMC) authorities, however, insist that the victims had bought homes without properly investigating the genuineness of the house-ownership documents.

Temporary transfer of rights to copy in a limited manner chargeable to service tax: Department tells HC

August 24, 2010 1362 Views 0 comment Print

The revenue department has contested the petition filed by PVR Pictures in the Delhi High Court against the government’s decision to levy service tax on copyright services such as sale of music rights, sale of direct-to-home satellite TV rights, and screening in cinemas. In a counter affidavit filed in the court, the department has said that temporary transfer of rights to copy in a limited manner will be chargeable to service tax.

Onshore software development revenues of IT companies under tax scanner

August 24, 2010 1523 Views 0 comment Print

When American Senator Charles Schumer described Indian software firms as `chop shops’, few imagined that the taxman back home could add salt to the slur. Indeed, Indian income-tax authorities are beginning to claim tax on the money that software firms make by sending their boys to work with companies in the US, Europe and other markets—a business that is known as onshore software development, or simply ‘body shopping’.

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