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Join our free webinar on July 7 at 5 PM for insights into 10 recent High Court income tax judgments favoring assessees. Expert analysis by CA Dipak Dama.
The Indian immigration laws provide for grant of a special type of visa known as ‘conference visa’ to foreign nationals who intend to visit India for attending a conference, seminar or workshop. The Ministry of Home Affairs (‘MHA’), Government of In
The Tribunal has interpreted the wordings of Section 35(2AB) and concluded that the Section only allows weighted deduction in respect of in-house Research and Development facility. Any expenditure incurred outside the Research and Development facilit
Recently, the government issued fresh set of notifications rescinding the earlier ones which granted exemption from payment of Service tax on canned / packaged software if Excise duty / Customs duty (CVD) was paid. Similar set of exemption notificati
In a recent ruling, the Mumbai Income-tax Appellate Tribunal (the Tribunal), in the case of Wizcraft International Entertainment Pvt. Ltd. (the assessee) held that commission paid by an entertainment event management firm in India to a UK based
In a recent decision, in the case Menlo Worldwide Forwarding India Pvt. Ltd. v. DCIT [2010-T11-164-ITAT-DEL-INTL](the “assessee”), the Delhi Income-tax Appellate Tribunal (the “Tribunal”) held that the recording the setting-off of sundry debtors agai
In a recent ruling, in the case of Sulzer India Ltd. v. Jt. CIT [2010-TIOL-670-ITAT-MUM-SB] , the Special Bench of the Mumbai Income-tax Appellate Tribunal (the “Tribunal”) held that prepayment of deferred sales tax liability on the Net Present Value
Limitation on deduction of expenses under Section 44D of the Act cannot be invoked if the consideration received by the foreign company is not Fees for Technical Services as defined in India-USA tax treaty
The Institute of Chartered Accountants of India (ICAI) will submit its report against unethical practices by big four auditing and consulting firms — Ernst & Young, KPMG, Price Waterhouse Coopers and Deloitte Sells and Heskins — to the Ministry of Co
THE GOVERNMENT’S employment minister has ‘serious concerns’ over a lack of competition in the audit market, and has urged company audit committees and shareholders to encourage companies to use accountants outside the Big Four firms to improve choice in audit services. Ed Davey, who is also minister for consumer and postal affairs, yesterday told a House of Lords inquiry into the audit industry that using regulation to improve choice within audit services was not the government’s ‘first approach,’ but did not rule out this out should other approaches fail.
Mr. X. held certain shares in dematerialized account with a depository. Mr. X executed nomination in the prescribed form following the prescribed procedures in favor of his nephew (Mr Y). Upon the demise Mr. X, wife of Mr. X (say Mrs. X) filed a suit claiming an interest in those shares as a legal heir and representative. The Bombay High Court interpreted provisions of Section 109A of the Companies Act (Nomination of Shares), the Depositories Act and the bye law 9.11 of National Securities Depository Limited [NSDL] and held that where a shareholder of a company executes valid nomination form in the prescribed manner, upon death of the shareholder (i.e. Mr. X), the rights in shares including ownership rights vests in the nominee (Mr. Y) to the exclusion of other person (i.e. Mrs. X). The High Court further held that the bye law 9.11 of NSDL makes the nominee’s position superior to even a testamentary disposition and that the non obstante clause in bye law no. 9.11.7 gives the nomination the effect of the testamentary disposition itself.
