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In the case of ACIT Vs. Rukamani Iyer Mumbai Bench of ITAT held that the claim has to be judged in the light of commercial expediency. Relying upon the judgment of CIT v Associated Electrical Agencies {2004} 266 ITR 63 (Mad.)
In the case of Travelport LP USA Vs. DDIT Delhi Bench of ITAT observed that assessee has a dependent agent in form of distributor in India and held that assessee has a business connection in India u/s 9(1) (i) of the act and its income is deemed to accrue or arise in India.
Some of the recent amendments have brought significant changes in law pertaining to the related party transaction. Section 188 of the Companies Act, 2013 deals with the related party transactions which inter alia incorporate various provisions and requirements including disclosure requirement for related party transaction.
It is evident from the word ‘or’, occurring for the first time in sub-clause (a) or (b) of clause (6) of section 6, that the two conditions contemplated in those sub-clauses are alternate and these are not cumulative. The fulfillment of either of the conditions would be sufficient to treat an individual or a Hindu undivided family as ‘not ordinarily resident’ in India.
It has come to the notice of the Institute that upon resignation of the members in employment either as Company Secretary or Key Managerial Personnel, the employer companies are not accepting resignation and not relieving such members from their duties.
At the commencement of Companies Act, 2013, Ministry of Corporate Affairs released many rules on the Act. Various new forms are prescribed for the purpose of the Act and Rules made thereunder. Some of them are e-forms to be filed by the Companies and/or other responsible person(s) with the Registrar of Companies and some are specific formats that are required to be complied in the said format as per the provisions of the Companies Act, 2013.
Trade Circular No. 19T of 2015 A dealer seeking registration under the Maharashtra Value added Tax Act, 2002 submits an online application for registration along with the required documents. The Registration Officer to whom such application gets allocated generates the TIN if the application is found to be correct and is supported with the appropriate documents.
CIT Vs. Gujarat Reclaim & Rubber Products (Bombay High Court) (a) Whether on the facts and in the circumstance of the case and in law, the Tribunal was justified in holding that commission payments made to nonresident sales agents on which no tax was deducted is not disallowable u/s. 40(a)(i)?
CIT Vs. V/s. M/s. Thyssen Krupp Industries India Pvt. Ltd. (Bombay High Court) Whether on the facts and the circumstance of the case and law, the Tribunal was justified in law in restricting the Transfer Pricing (TP) adjustment only to the transaction between the Associated Enterprises (AEs.)?
For invoking revisionary powers the Commissioner of Income Tax has to exercise his own discretion and judgment. Here the Commissioner of Income Tax has invoked the provisions of section 263 at the mere suggestion of the Dy. Commissioner of Income Tax