As per the agreement, assessee was responsible for updation of patches of the software and provision of backup and recovery services in respect of data stored on the centralised server. The responsibility of the assessee is to maintain and upkeep of the centralised server owned by it. Assessee has not imparted any technical know-how, skill, process or technical plan or design and hence, in view of Art 12(3)(g), the amount received by the assessee cannot be taxed in India.
It is settled principles of law that in order to avail benefits under the beneficial provision, the conditions provided by the legislature has to be complied with. Therefore, this Tribunal is of the considered opinion that in view of the mandatory provisions contained in section 139(1) r.w.s. 80A(5) of the Act it is mandatory for every cooperative society for claiming deduction u/s 80P to file the return of income and to make a claim of deduction u/s 80P of the Act in the return itself. In view of the above discussion, if the return was not filed either u/s 139(1) or 139(4) or in pursuance of notice issued u/s 142(1) or u/s 148, the taxpayer is not entitled for any deduction under section 80P of the Act.
The matter has been examined. The request of the Gem & Jewellery sector is to allow revolving use of the Bank Guarantee. After considering the representations from the trade & industry, it has been decided that the Bank Guarantee furnished by the importer can
Declaration of Intent for claiming benefit under Chapter 3 of Foreign Trade Policy (FTP) was made mandatory for all categories of shipping bills through Public Notice No. 82 dated 16.8.2010. This stipulation was to take effect from 01.01.2011.
ITC HS Codes of the certain items were re-notified vide DGFT Notification No.94 (RE-2008)/2004-2009 dated 02.03.2009. The corresponding entries in Appendix 37A and Appendix 37D were accordingly not modified.
Central Government hereby amends with immediate effect Foreign Trade Policy, 2009-2014 (RE 2012) and introduces a new para 4A.16A for setting up of Private/Public Bonded Warehouses for Gems and Jewellery sector.
The credit given for TDS in an order passed under Section 155(14) read with Section 154 cannot be construed as a relief given in the original assessment order. Section 155 of the Act provides for various situations under which an order can be amended because of developments taking place subsequent to the date on which the order was originally passed.
Notification No. 9/2013 – Income Tax In exercise of the powers conferred by clause (22AAA) of section 2 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby makes the following scheme for approval of electoral trusts, namely:-
In the recent past, instances of some officers of the Central Board of Direct Taxes (CBDT) and Central Board of Excise and Customs (CBEC) being subjected to searches investigations by Anti-Corruption Branch of the Central Bureau of Investigation (CBI) have been reported.
BIG FOUR tax partners are to appear before the Public Accounts Committee as it continues its investigations into tax avoidance. Witnesses from PwC, Deloitte, KPMG and Ernst & Young will appear on 31 January and will include KPMG’s UK head of tax Jane McCormack, Deloitte’s head of tax policy Bill Dodwell, PwC’s head of tax […]
