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Being original contract and amendments inextricably linked with business of exploration of minerals, assessable u/s 44BB – AAR

January 31, 2016 843 Views 0 comment Print

Authority for Advance Rulings held In the case of Aker Contracting FP ASA, Norway, USA that it is beyond doubt that the consideration received as per amended order is similar to consideration received as per original contract.

Settlement amount against surrender of right to sue, not chargeable to tax either as capital gain or income from other sources – AAR

January 31, 2016 10357 Views 1 comment Print

Authority for Advance Rulings held In the case of Lead Counsel of Qualified Settlement Fund (QSF), USA, that it is clear that even if right to sue is considered as capital asset covered under the definition of transfer within the meaning of section 2(47), its cost of acquisition cannot be determined.

Transfer of shares of Indian company to Singapore Company, by a Mauritius company having no PE, not taxable in India- AAR

January 31, 2016 2507 Views 0 comment Print

Authority for Advance Rulings held In the case of Dow AgroSciences Agricultural Products Ltd, Mauritius that the Article 13 of the Indo-Mauritius DTAA which deals with the taxation of capital gains is not applicable in the present case.

India- Singapore DTAA – Installation project less than 183 days not constitute PE, income not taxable in India– AAR

January 31, 2016 1075 Views 0 comment Print

Authority for Advance Rulings held In the case of Tiong Woon Project & Contracting (Pte) Ltd. that the department has correctly provided a positive response that because the project was continued in India only for 178 days in a fiscal year

India- Ireland DTAA: Transfer of exclusive rights of copyright in computer software, not mandatory to classify receipts as royalty: AAR

January 31, 2016 1300 Views 0 comment Print

Authority for Advance Rulings held In the case of SkillSoft Ireland limited that in the case of Synopsis International Old Ltd. 212 TAXMAN 454 (Kar), high court held that merely because the words non-exclusive and non-transferrable are used in the license agreement, it does not take away the software out of definition of copyright.

Penalty on Indian company as per US Court, not liable to TDS u/s 195 – AAR

January 31, 2016 403 Views 0 comment Print

Authority for Advance Rulings held In the case of Satyam Computer Services Ltd., that it is trite law that unless the payment made attracts the tax under the Income Tax Act, there would be no liability to deduct tax under Section 195 of the Income Tax Act.

India- UK DTAA –Routine managerial services not in nature of technical services, not makes available any technical knowledge having enduring benefits – AAR

January 31, 2016 2902 Views 0 comment Print

Authority for Advance Rulings held In the case of Measurement Technology Limited, UK that the services under agreement No.1 relate to review by Group operation Director and general guidance given by him on financial, operational, human resource, setting up targets and performance appraisal related matters

India- UK DTAA – Supply Management Services by UK company not in the nature of fee for technical services or royalties – AAR

January 31, 2016 1141 Views 0 comment Print

Authority for Advance Rulings held In the case of Cummins Limited, UK that the agreement shows that the CTIL, a company incorporated in India is working with the applicant only to ensure market competitive pricing from the suppliers.

How To Rectify DVAT 2A-2B Mismatch

January 30, 2016 14568 Views 2 comments Print

What is form 2A & 2B- Form 2A contain the details of all local purchases made by a registered dealer during the period (quarter) & Form 2B contain the details of local Sales made by a registered dealer during the period (quarter).

Notification No. 4/2016-Central Excise Dated: 30th January, 2016

January 30, 2016 733 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance.

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