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Archive: 26 November 2011

Posts in 26 November 2011

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 7227 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

Commission to a foreign agent without tax deduction for services outside India cannot be disallowed

November 26, 2011 4042 Views 0 comment Print

Dy. CIT VS M/s. Divi’s Laboratories Ltd. (ITAT Hyderabad) – Section 195 of the Act has to be read along with the charging sections 4, 5 and 9 of the Act. One should not read section 195 to mean that the moment there is a remittance; the obligation to deduct TDS automatically arises. If we were to accept such contention, it would mean that on mere payment in India, income would be said to arise or accrue in India.

Mumbai – Fire in local market, many shops gutted

November 26, 2011 342 Views 0 comment Print

Mumbai, Nov 26 A major fire gutted three popular shopping complexes in south Mumbai early Saturday, the fire brigade said. There were no casualties. According to a fire brigade official, the fire broke out around 3.30 a.m. in the Sara-Sahara Mall, barely a stone’s throw away from Mumbai Police Commissionerate at Crawford Market.

Tax paid by employer on behalf of employee is perquisite

November 26, 2011 5446 Views 1 comment Print

Mr. Isao Sakai Vs. JCIT (ITAT Delhi) Tax paid by the employer on behalf of the employee is perquisite and can not be included in salary for valuation of concessional accommodation / Rent- Free House Property etc.

Proof of service outside India pre-requisite for beneficial tax claim – ITAT Pune

November 26, 2011 2369 Views 0 comment Print

Madhukar Vinayak Dhavale Vs. ITO, International taxation (ITAT Pune)- An individual who leaves India as a crew member of an Indian ship will be a non-resident if his stay in India is less than 182 days in the tax year.The assessee has not produced any evidence to support his claim that he stayed outside India for the purpose of employment beyond 158 days.

Transfer Pricing – Comparable rejected by TPO without giving cogent reasons must be presumed to be comparable and DR cannot argue to the contrary

November 26, 2011 3222 Views 0 comment Print

ACIT vs. Maersk Global Service Center (ITAT Mumbai) -The Special Bench of the Tribunal in Mahindra & Mahindra Limited Vs. DCIT [(2009) 122 TTJ (Mum.) (SB) 577] has laid down the proposition to the effect that the Departmental Representative has no jurisdiction to go beyond the order passed by the A.O. It has further been observed in this case that the scope of argument of the Departmental Representative should be confined to supporting ordefending the impugned order and he cannot be permitted to set up an altogether different case.

Gujrat HC decides at what stage it can be held that there had been an international transaction between taxpayer and its Associated Enterprises

November 26, 2011 889 Views 0 comment Print

HC decides at what stage it can be held that there had been an international transaction between taxpayer and its Assocaited Enterprises

TDS – AO not having jurisdiction cannot pass the order just because assessment was getting time barred – Bombay HC

November 26, 2011 3445 Views 0 comment Print

Indian Newspaper Society vs. ITO (TDS) (Bombay High Court) – The Petitioner is assessed at New Delhi. The PAN and TAN numbers are allotted to the Petitioner under Sections 139A and 203A by the Assessing Officer at New Delhi. All returns including the TDS returns have been filed at New Delhi. The Assessing Officer recorded the submissions of the Petitioner which advert to these facts and the contention based thereon that the jurisdiction would lie with the Income Tax Authorities at New Delhi.

Income of non-resident for production of television signals for broadcasting of cricket matches in India taxable as fees for technical services on gross basis

November 26, 2011 844 Views 0 comment Print

Nimbus Sport International Pte. Ltd. v. DDIT (ITAT Delhi) -Coming to the issue about the advertisement revenue received by the assessee in Singapore for matches played abroad, it has not been disputed that the matches in question for which advertisements were given by the Indian company were all played in foreign countries. The assessee does not have a PE in India. In this eventuality, the revenue collected by it for the matches played overseas and telecast at overseas will not attract the theory of force of attraction for taxing them in India.

Obligation to deduct tax not arise on payment made to foreign company unless such payment is chargeable to tax in India

November 26, 2011 733 Views 0 comment Print

DCIT vs. M/s Calcutta Test House Pvt. Ltd. (ITAT Delhi) – Non-resident lessor does not have PE or business connection in India on account of leased assets used in India but delivered outside India, provided the lease agreement is entered on principle to principle basis.

CBI have No cases against German bank account holders

November 26, 2011 492 Views 0 comment Print

CBI is understood to have communicated to the Central Board of Direct Taxes that none of the individuals whose names figure in the LGT Bank accounts for stashing illegal funds abroad has any pending CBI cases against them. The list of 18 individuals was provided to the CBI by the CBDT to ascertain if these individuals have any pending cases with the agency.

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