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Archive: 08 October 2015

Posts in 08 October 2015

FM emphasizes need for standardized information exchange to prevent International Tax evasion and avoidance

October 8, 2015 390 Views 0 comment Print

Finance Minister Shri Arun Jaitley has emphasized the need for common reporting standards on Automatic Exchange of Information to be implemented globally to prevent international tax evasion and avoidance.

Tax authorities should treat each taxpayer as a customer

October 8, 2015 2745 Views 0 comment Print

It said the tax authorities should treat each taxpayer as a customer of the Tax Department and make adversarial approach between taxpayer and department a thing of the past. Customer focus should be strengthened and taxpayers should be provided with facilitating services to encourage him to comply with the taxation rules which should be easy.

Change in method of ALP in transfer pricing adjustment not permitted on same set of facts

October 8, 2015 4218 Views 0 comment Print

ITAT Pune held In the case of M/s. Vishay Components India Pvt. Ltd. vs. ACIT that where the revenue from year to year has accepted the method adopted by the assessee for benchmarking its international transactions with its associate enterprises, in the absence of any reasons brought

Search & seizure Proceeding against a Person without issue of Search Warrant is Bad in Law

October 8, 2015 1649 Views 0 comment Print

Delhi High Court held in the case of CIT v Smt. Priyanka Singhania that if the search warrant was issued in the name of the father of Assessee, then the proceedings of the search and seizure against the assessee was totally void and bad in Law.

Liability u/s 132(5) can be determined only if proper Assessments is made

October 8, 2015 567 Views 0 comment Print

In the case of CIT v Sri Chand Gupta, Delhi High Court held that during search and seizure under section 132, any declarations made by the assessee could not discharge his liability to the extent of cash seized as Section 132(5) of the Act does not deal with appropriation of the assets seized.

No TDS on reversal of Royalty Payment according to Government Policy

October 8, 2015 3154 Views 0 comment Print

In the Case of DIT v M/s Ericsson Communications Ltd. , Delhi High Court held that when the Industrial policy of Government of India mentions that there should be no royalty paid to the parent foreign collaborator company by the Indian wholly subsidiary company then the reversal

Unspent Amount of subsidy received from Holding Company cannot be treated as Income

October 8, 2015 997 Views 0 comment Print

In the case of CIT v Canon India Pvt. Ltd., Hon’ble High Court held that whenever a subsidiary company is getting subsidy from it’s holding company, then the amount of subsidy which has not been spent will not be considered as income of the Assessee.

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