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Archive: 25 January 2011

Posts in 25 January 2011

Declaration U/s. 158A not provide any immunity from payment of tax due

January 25, 2011 2892 Views 0 comment Print

It is to be noted here that the claim made by the assessee under section 158-A will not however preclude the Assessing Officer from making an order disposing of the relevant case without awaiting the final decision on the question of law in other case. When the decision on the question of law becomes final, it shall be applied to the relevant case and the Assessing Officer and the appellate authority shall amend the order earlier passed, if necessary in view of the final decision on the question of law in the other case.

Advance tax is payable in case of companies liable to pay tax on book profits

January 25, 2011 691 Views 0 comment Print

The above decision stipulates that levying of interest for default in payment of advance tax was inescapable. Accordingly, provisions of section 234B/234C are applicable also to companies which are required to pay tax on book profits.

Deduction claimed u/s, 80-IA not to be reduced from the profits of business while computing deduction under section 80HH

January 25, 2011 562 Views 0 comment Print

The above ruling lays down that restriction under section 80-IA(9) affects the allowability of total deduction from the profits of the eligible undertaking/unit and not the computation of deduction under various provisions under heading „C? of Chapte

Provision for bad and doubtful debts which was not allowed in full in assessment cannot be taxed as income of the year o

January 25, 2011 2226 Views 0 comment Print

The above decision lays down that the amount written back by a bank from provision for bad and doubtful debts which has not been allowed in the earlier years as a deduction cannot be taxed as income in the year of write back.

Tax holiday not available to a foreign branch carrying on-site software development and full-fledged marketing operation

January 25, 2011 339 Views 0 comment Print

The above ruling provides that tax holiday under section 10A would be available to a foreign office, i.e. a branch carrying on-site software development only if it is a liaison office. An independent branch carrying out full -fledged marketing operat

Profits from off-shore supply of equipment would not be taxable if transfer of title to purchaser takes place abroad- De

January 25, 2011 519 Views 0 comment Print

The principles regarding taxability of income from offshore supplies under a turnkey contract undertaken by a foreign company in India have been laid down by the Supreme Court in Ishikawajma-Harima Heavy Industries Ltd. The above decision of the Delh

Repairs and mobilization of rigs not to be included for the purpose of calculating 120 days to constitute an installatio

January 25, 2011 393 Views 0 comment Print

The above decision lays down the position that an installation or a structure could become a PE only if it was actually used for exploration or exploitation of natural resources for a period of more than 120 days. The time from its positioning at the

Application by the taxpayer to seek normal appellate remedy does not tantamount to withdrawal of DRP application

January 25, 2011 498 Views 0 comment Print

Hon’ble Gujarat High Court (HC) held that the application made by the taxpayer before the DRP seeking its consent to approach the Assessing Officer (AO), requesting him to finalise the draft assessment order passed under Section 144C(1) of the Income-tax Act, 1961 so as to enable it to file an appeal before the CIT(A), does not tantamount to withdrawal of the DRP application. The HC further held that the case ought to have been considered on merit even in case the DRP was of the opinion that it did not have the requisite powers under the provisions of the Act to entertain the application of the taxpayer.

FEMA- Participation by Full Fledged Money Changers (FFMCs) and Authorised Dealers Category-II (ADs Category-II) in the Currency Futures and the Exchange traded Currency

January 25, 2011 387 Views 0 comment Print

It has now been decided that the FFMCs and the ADs Category-II [which are not Regional Rural Banks (RRBs), Local Area Banks (LABs), Urban Co-operative Banks (UCBs) and Non-Banking Financial Companies (NBFCs)], having a minimum net worth of Rs. 5 crore, may participate in the designated currency futures and currency options on exchanges recognized by the Securities and Exchange Board of India (SEBI) as clients only for the purpose of hedging their underlying foreign exchange exposures.

Liquidity Adjustment Facility – Repo and Reverse Repo Rates

January 25, 2011 583 Views 0 comment Print

As announced today in the Third Quarter Review of Monetary Policy 2010-11, it has been decided to increase the repo rate under the liquidity adjustment facility (LAF) by 25 basis points from 6.25 per cent to 6.50 per cent and the reverse repo rate by 25 basis points from 5.25 per cent to 5.50 per cent with immediate effect.

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