Infosys Technologies Ltd. v. DCIT (10 taxmann.com 1) (Bang ITAT) – As regards the subscription charges, the Tribunal relied on its own decision in the assessee’s own case where it was held that the information was available on subscription to anyone willing to pay .It was copyrighted information and could not be passed on to anyone else. There was no license granted to the assessee to use in any manner or quote to anyone else. The access was restricted to specific individuals named by the assessee. The recipient did not have any PE in India. Further such an access to data base could not fall within the scope of Article 12(3)(a), as found in the DTAA with USA.
The Textiles Ministry has said it will ask the Finance Ministry to review imposition of excise duty on branded garments and made-up textiles as the levy is “hurting” the industry. The excise duty is hurting the industry. We are assessing the situation. I will take it up with the Revenue Secretary (this month), Textiles Secretary Rita Menon told PTI.
The Kolkata High Court has held that the interest paid by the Indian branch of ABN to its HO was tax deductible in the hands of the branch while computing the profits of the branch, and the branch was not required to withhold tax on the interest paid to the HO as the interest was not chargeable to tax in India under the provisions of the India-Netherlands tax treaty. ABN AMRO Bank NV (Kolkata High Court) 23 Dec, 2010. ADIT, Mumbai Vs M/s Antwerp Diamond Bank
As many as 230 persons, including ex-Finance Secretary Ashok Chawla, former Corporate Affairs Secretary R Bandyopadhyay and other senior bureaucrats and eminent economists have lined up for the two high profile jobs at the country’s anti-monopoly watchdog, Competition Commission of India (CCI).
As Mauritius prepares to receive Indian investigators from CBI and ED, the corporate lobbies especially those associated with the 2G scam are working overtime to cover their tracks so that Indian sleuths do not have much access to the island’s banking details.
RMC Readymix India Pvt. Ltd. (2011-TIOL-81-ITAT-MUM) Law is well settled that a tax withholding liability raised under section 201, in respect of remittances made abroad, cannot be allowed as a deduction. Reliance placed on the decision of the Supreme Court in the case of India Aluminium Co Ltd Vs CIT (79 ITR 514) where it was held that whether a payment made under statutory obligation because assessee was in default could not constitute expenditure laid out for purposes of its business and hence, same was not allowable under that section
The central security agencies have taken serious note of destruction of details of nearly 1.2 crore SIM cards belonging to Idea Cellular, terming it as a security lapse, and worked out fresh guidelines for telecom operators for maintaining records of consumers.
M/s Texas Instruments Incorporated v DDIT (International Taxation) The assessee has not approached the deductor to deduct the tax at lower rate. It is the deductor who approached the department claiming that the payments to be made to the assessee are not chargeable to tax in India and to determine the chargeability. Where all payments made to non-resident are subject to deduction of tax at source u/s 195, the interest u/s 234B is not leviable on the non-resident.
Amounts received towards reimbursement of expenses can, under no circumstances, be regarded as a revenue Receipt and is not chargeable to income-tax (Reliance was placed on the decisions of the Kolkata HC in the case of Dunlop Rubber Co. Ltd and that of the Delhi HC in the case of Industrial Engineering Projects). CIT v. Siemens AG (310 ITR 320)
It held that the real transaction of the granting of the licence in respect of copyrights in computer programmes had been camouflaged by entering into a chain of the agreements between MS Corp and the group entities. On an in-depth analysis, it was evident that the end users made payments in respect of the granting of licence of copyright in computer programmes. Hence, the payments made by end-users were taxable as royalty in the hands of G.
