DCIT v. Bank of America NT & SA (ITAT Mumbai) – Tribunal held that interest received on income tax refund can be set-off against the interest paid on delayed payment of income tax and only net amount is to be taxed. The issue before the tribunal was that Whether interest income received by the taxpayer on income tax refund can be set-off against delayed payment on income tax? Whether the taxpayer can offer the net interest received as income?
The Tata Power Company Limited Vs ACIT- The Tribunal reiterated that the incidence of liability to pay DDT arises the moment such dividend is distributed (declared) and any subsequent events can have no bearing on such liability, even if such event renders dividend non-taxable in the hands of the recipient. It was not possible to extend the same analogy laid down by the cases cited pertaining to tax-ability of dividend in the hands of shareholder to a case of refund of DDT already paid by the Company declaring dividend.
In exercise of the powers conferred by sub-section (2) of section 4A of the Companies Act, 1956 (1 of l956), the Central Government hereby further to make amendment in the Notification of the Government of India, published in the Gazette of India, Part II, section 3, Sub-section (ii), dated the 13-5-1978 in the erstwhile Ministry of Law, Justice and Company Affairs (Department of Company Affairs) vide Number S.O. 1329, dated the 8-5-1978, namely :‑
SC refers Appeal by Ram Jethmalani against purported inaction of Government to arrange for recovery of large sums of money deposited by Indian citizens in foreign banks to Honourable the Chief Justice of India.
On the date of filing of the present application before us relating to the rights and obligations arising out of the contract dated 10.5.2006 entered into by the applicant, in so far as it relates to the question posed in this application, was pending before the concerned assessing officer. We re-emphasize that merely because a questionnaire in general terms is served or a questionnaire raising specific issues is served as a further step towards completing the assessment, cannot lead to the position that the question sought to be raised before us is not pending before the assessing officer when the return of income is filed. We are, therefore, satisfied that the allowing of this application under section 245 R(2) of the Act for giving a ruling under section 245R(4) of the Act is barred by virtue of the proviso to section 245R (2) of the Act. The application is, therefore, rejected.
On a review of the current ECB policy, it has been decided, in consultation with the Government of India, to further rationalise and liberalize the ECB Policy as under : (i) The limit for eligible borrowers to avail of ECB under the automatic route per financial year has been enhanced as follows: corporates in real […]
ICAI has released Book titled ‘Quick Insight on CA profession’ to be circulated to all CA firms/ practitioners for ready reference and it includes matters relating to direct and indirect tax, accounting standards, list of mandatory statements and standards on auditing, peer review, information regarding forms relevant to students, websites, contact e-mail ids of Committees of the Institute and that pertaining to the Companies Act, 1956 and LLP.
Since inception year 1997, Goods Transport Agency (GTA) Service is caught by bundles of controversies like a celebrity always stay for the publicity stunt. Service Tax Legislation was just 3 years old and one can forget the childish introduction of GTA Service. However, even after sequential amendments the levy has ended up being a migraine for tax payers.
It is very important to have the knowledge of provisions of deemed dividend under section 2(22)(e) of the Income tax act, 1961 before making any transaction with the closely held companies.
In the dictionary clause in Section 65(90A), while defining renting of immovable property, it has been stated that it includes renting, letting, leasing, licencing or other similar arrangements for immovable property for use in the course or furtherance of business or commerce.
