"July, 2011" Archive - Page 58

Merely because assessee failed to prove the gift in the manner required by the department, it is not possible to conclude that assessee concealed her income

CIT Vs Kokilaben A Shah (Gujarat High Court)

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 wa...

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Marketing and reservation charges are not Royalty or FIS 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

Six Continents Hotels Inc. Vs DCIT (ITAT Mumbai)

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 sinc...

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PM rules out inclusion of higher judiciary in anti-corruption ombudsman

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 thin...

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