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Where assessee has dependent agent & fixed place of business in India he is deemed to be PE as per Article 5 (1) of Indo US tax treaty

December 21, 2015 2207 Views 0 comment Print

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.

ICSI help desk for members in Service employed as CS or KMP

December 21, 2015 2843 Views 0 comment Print

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.

Maharashtra VAT- Downloading of Digitally Signed Registration Certificate

December 21, 2015 42914 Views 0 comment Print

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.

Withdrawal of Circular cannot be retrospective: TDS not deductible on Commission paid to non-resident agent Outside India

December 21, 2015 4183 Views 0 comment Print

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)?

Transfer Pricing adjustment cannot be made in respect of transactions with unrelated third parties

December 21, 2015 2030 Views 0 comment Print

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.)?

Section 263- Revision Order- AO cannot examine the aspect which CIT has not asked him to examine

December 21, 2015 803 Views 0 comment Print

Abani Kumar Dutta Vs. ACIT (ITAT Kolkata) Argument of Ld. Counsel for the assessee that the CIT in his revision order u/s 263 of the Act only directed the AO to examine the applicability of sec. 194G read with section 40(a)(ia) of the Act and not genuineness of the expenditure.

Assessment U/s. 147 not valid when time for scrutiny assessment U/s. 143(3) not lapsed

December 21, 2015 1541 Views 0 comment Print

Krypton Industries Ltd. V/s. DCIT (ITAT Kolkata)- Whether the action of AO for framing the assessment under section 147 is within his jurisdiction though the time for scrutiny assessment under section 143(3) has not lapsed.

Pre-Meditated/ Self Inflicted Loss by giving loan to related concern at concessional Rate not allowable

December 21, 2015 766 Views 0 comment Print

Deepak Nagji Vira Vs. ITO (ITAT Mumbai) The monies are borrowed, incurring brokerage charges for the purpose, only for lending the same to a company at a predefined, agreed rate of interest, i.e., 12% p.a. That is, the assessee

Section 263 – Revision merely on DCIT suggestion & without independent judgment, not valid in law

December 21, 2015 1349 Views 0 comment Print

ITAT Pune held In the case of Span Overseas Ltd. vs. CIT that from the show cause notice, it is clear that the CIT has invoked the provisions of section 263 on the proposal submitted by the DCIT and deficiencies in the assessment order pointed out by the DCIT.

Reopening by simply treating loan entry as income which has escaped from assessment is not appropriate

December 21, 2015 991 Views 0 comment Print

Mangi Lal Sethia Vs ITO (ITAT Kolkata) In this present case, we find no live link between the reason to believe and reopening of case u/s 147 of the Act. It was a loan entry in the books of the assessee and the same was also settled within the same year.

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