MASTER CIRCULAR NO. 3/2011-12, DATED 1-7-2011 Establishment of Branch/Liaison/Project Offices in India is regulated in terms of section 6(6) of Foreign Exchange Management Act, 1999, read with Notification No. FEMA 22/2000-RB, dated May 3, 2000 as amended from time to time. 2. This Master Circular consolidates the existing instructions on the subject of ‘Establishment of Branch/Liaison/Project Offices in India by Foreign Entities’ at one place. The list of underlying circulars/notifications consolidated in this Master Circular is furnished in the Appendix.
MASTER CIRCULAR NO. 2/2011-12 Remittance facilities for Non-Residents/Persons of Indian Origin/Foreign Nationals are being governed by sub-sections (1) and (2) of section 6 of the Foreign Exchange Management Act, 1999 read with FEMA Notification No.13/2000-RB and FEMA Notification No. 21/2000-RB dated May 3, 2000, as amended from time to time. 2. This Master Circular consolidates the existing instructions on the subject of ‘Remittance facilities for Non-Resident Indians/Persons of Indian Origin/Foreign Nationals’ at one place. The list of underlying circulars/notifications consolidated in this Master Circular is furnished in Appendix.
MASTER CIRCULAR NO. 1/2011-12, DATED 1-7-2011 Miscellaneous remittance facilities for residents are allowed in terms of section 5 of the Foreign Exchange Management Act, 1999, read with Government of India Notification No. G.S.R 381(E) dated May 3, 2000, as amended from time to time. 2. This Master Circular consolidates the existing instructions on the subject of Miscellaneous Remittances from India – Facilities for Residents at one place. The list of underlying circulars/notifications consolidated in this Master Circular is furnished in Appendix-1.
Power Pack Conductors v ITO (ITAT Mumbai)-When an assessment is reopened on a particular ground but during the course of assessment being finalised, no addition is made in respect of the ground on which assessment is reopened, other additions cannot be made in the course of such assessment proceedings.
Vipin P. Mehta v ITO (ITAT Mumbai) – ITAT accepts the assessee’s claim that he had the declarations of the payees in the prescribed form before him at the time when the interest was paid, he was not liable to deduct tax therefrom under section 194A. If he was not liable to deduct tax, section 40(a)(ia) is not attracted. There is no other ground taken by the Income-tax authorities to disallow the interest.
CIT v Kokilaben A Shah (Gujrat HC) – Tribunal observed that gift was received through normal banking channel. Identity of donor was disclosed and established. Assessee had furnished complete details of the gift. Tribunal noted that none of the departmental authorities made any attempt to find out whether the explanation of the assessee was false. Tribunal relied on decision of Division Bench of this Court in case of National Textiles v. Commissioner of Income Tax reported in 249 ITR 125, wherein Bench observed that if the assessee gives an explanation which is unproved but not disproved, it would not lead to inference that assessee’s case is false. We are also in broad agreement with the same.
Six Continents Hotels Inc. v DCIT (ITAT Mumbai) -Marketing and reservation contribution received by the assessee, non-resident, owner of a trademark from Indian hotel owners with a corresponding obligation to use it for the agreed purposes are not Royalty or Fees for Included Services and they are in the nature of business income and since the assessee does not have a PE in India, the same are not taxable in India.
Asserting that he has no hesitation in subjecting himself to the jurisdiction of Lokpal, Prime Minister Manmohan Singh on Wednesday ruled out inclusion of higher judiciary within the ambit of the anti-corruption ombudsman. Bringing higher judiciary under the jurisdiction of the Lokpal would be contrary to the Constitutional scheme of things, he said while voicing confidence that a national consensus would be evolved on the proposeed Lokpal Bill.
