XYZ Ltd. (AAR) – The payment received / receivable by the applicant in connection with IVTC Services are taxable as FTS under section 9(1)(vii) of the Act. The exception provided under section 9(1)(vii)(b) of the Act is not available to the applicant. The payments received / receivable in connection with the cost incurred and recovery of administrative cost for and on behalf of X India are chargeable to tax as FTS under section 9(1)(vii) of the Act.
The Tribunal in the present case has come to the conclusion that where a running business is transferred lock, stock and barrel by one assessee to another assessee the principle of reconstruction, splitting up and transfer of plant and machinery cannot be applied. According to the Tribunal the benefit of Section 10A attaches to the undertaking and not to the assessee which owns the undertaking.
The Ld. Counsel relied on the order of Co-ordinate Bench in the case of Nivi Trading Ltd. Vs DCIT in ITA No. 5455/M/2010 dt. 12.10.2011 to submit that assessee does not have any other expenditure except to maintain day today activity and the expenditure has no nexus with the earning of tax free income, therefore, disallowance u/s. 14A is not warranted.
It is not in dispute by either of the parties that the provisions of section 41(1) are not applicable. The issue here now remains as to whether advances received towards booking by the various persons in the earlier years and as reflected in the balance sheet are genuine or not. From a perusal of the balance sheet for the earlier years which have been placed in the paper book and as pointed out by the learned Counsel, it goes to show that these liabilities are towards advance booking at the time when appellant tried to carry out the housing project.
This Excel Sheet calculate your portfolio in real time. Benefits of the sheet is that you have a complete scenario of your portfolio (total Gain/loss at the moment, total brokerage actual gain/loss including brokerage etc.) at a glance with out opening any site, where you need to check the prices of your stock one by one. its also show whether your stock is todays gainer or loser by changing its current price column colour (Green of gainer & red for Loser). This Sheet requires Internet connection & takes automatic updates in every 2 minutes.
In the case of Commissioner of Income-tax vs. Multiplan India (P) Ltd.; 38 ITD 320 (Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any communication for adjournment was received. There was no communication or information as to why the revenue chose to remain absent on that date.
Assessing Officer has observed that according to AIR Information, assessee has received a sum of Rs.41,73,321 on account of interest other than securities from Swedish Match Singapore Pte Limited. He issued a show-cause notice to the assessee inviting his explanation as to why the alleged interest income be not assessed as income of the assessee.
In partial modification of Order No. 1/FT&TR/2012 and in exercise of powers conferred under section 144C of the income Tax Act, 1961, the Board hereby constitutes the Dispute Resolution Panel (DRP) comprising of three Commissioners of Income Tax/Directors of Income Tax as Members of DRPS at Mumbai-1, Chennai and Bangalore, who shall perform such duties in addition to their regular duties with immediate effect and until further order:
The CBDT has vide letter dated 23.03.2012 released a list of Income-tax Officers who are in the consideration zone for promotion to the grade of Assistant Commissioner of Income-tax.
In order to reduce tax litigation and bring tax certainty in the area of international taxation and transfer pricing, an ‘Advisory Group for International Taxation and Transfer Pricing’ has been set up comprising of following members: i. Revenue Secretary to the Government of India-Head of the Advisory Group ii. Chairman, Central Board of Direct Taxes, Department of Revenue-Member iii. Director General of Income-tax (International Taxation), New Delhi, Member
