Income-tax Act Benefit u/s. 47(xiv) of the cannot be denied in case there is a delay in allotment of shares to the proprietor on conversion of a proprietary concern into a company
CIT Vs. Ravinder Kumar Arora (Delhi HC)- Section 54F mandates that the house should be purchased by the assessee and it does not stipulate that the house should be purchased in the name of the assessee only. Here is a case where the house was purchased by the assessee and that too in his name and wife‟s name was also included additionally. Such inclusion of the name of the wife for the above-stated peculiar factual reason should not stand in the way of the deduction legitimately accruing to the assessee.
Novel Inc. Vs. DDIT (Intl. taxation) – The proceeds from sale of Software to Distributors, without granting the right to duplicate / alter / modify the software, cannot be construed as ‘Royalty’, regardless of the fact that the taxpayer choose to describe its product as ‘intellectual value’ in its invoices. The Tribunal held that if the creator himself exploits his work by converting it into end products ready for use and transfers the right to use such end products to another but not further the right to copy the same, it would be a case of transfer of a copyrighted product.
DIT Vs. BBC Worldwise Ltd. (Delhi HC)- Bombay High Court in Set Satellite (Singapore) Pvt. Ltd. (supra) held that if correct ALP is applied and paid, nothing further rwould be left to be taxed in the hands of the foreign enterprise. In the said case, Morgan Stanley (supra) as well as Circular No.23 issued by the CBDT was taken into consideration. The Court was also pleased to record that the commission paid to the agent was 15% services performed by the assessee‘s agent in India was in line with the existing industry standards in India at the prevalent time.
CIT Vs. Amadeus India Pvt Ltd (Delhi HC) – Role of Transfer Pricing Officer (TPO) is limited to determination of the Arm’s Length Price (ALP) in relation to the international transaction(s) referred to him by the Assessing Officer (AO). The TPO, on a suo moto basis, cannot take cognizance of any other international transaction not specifically referred to him by the AO.
De Beers UK Limited Vs. DCIT (ITAT Mumbai)- The Tribunal held that the payment for VAS has to be considered partly as royalty under para 3(a) of Article 13 of the tax treaty being the payment for various types of information of commercial nature acquired based on past experience and partly as FTS under para 4(a) of Article 13 of the tax treaty being the payment attributable to the services rendered by the Key Account Manager (KAM) or through workshops, etc. which were ancillary and subsidiary to application or enjoyment of the information or being payment for marketing consultancy services which were ancillary and subsidiary to the application or enjoyment of brand.
Notification No. G.S.R. 868(E), dated 07-12-2011- In exercise of the powers conferred by section 1(3) of the Government Savings Certificates Act, 1959, the Central Government through this notification has specified that National Savings Certificates-IX Issue shall be the class of Savings Certificates to which the said Act applies. Accordingly, subscription to such saving certificates would qualify for deduction under section 80C.
Indirect tax collections rose 16.8% during the first eight months of the current fiscal to Rs 2,52,544 crore, prompting the Central Board of Excise and Customs (CBEC) to express “optimism” in achieving the revised Budget estimate target.However, Central Excise collections dropped by 6.5% to Rs 11,761 crore in November, mainly on account of cut in petroleum duties and lesser clearances.
The decision of CIT Vs. America Counting Corporation 123 ITR 513, noted above also supports the view that taxes paid on behalf of the assessee is a perquisite or a benefit, but not income from business. It could not be taxed except under clause (iv) of Section 28 which provided that a benefit or perquisite was liable to be charged to tax.
The Delhi High Court today stayed the direction of the Central Information Commission (CIC) asking the Reserve Bank of India to provide details of industrialists who have defaulted in repayment of loans taken from nationalised banks. A bench of Justice Vipin Sanghi, in its interim ex parte order, asked the information-seeker to respond to the petition filed by the RBI challenging the CIC order.
