Follow Us:

Tax paid by employer on behalf of employee is perquisite

November 26, 2011 5911 Views 1 comment Print

Mr. Isao Sakai Vs. JCIT (ITAT Delhi) Tax paid by the employer on behalf of the employee is perquisite and can not be included in salary for valuation of concessional accommodation / Rent- Free House Property etc.

Proof of service outside India pre-requisite for beneficial tax claim – ITAT Pune

November 26, 2011 2801 Views 0 comment Print

Madhukar Vinayak Dhavale Vs. ITO, International taxation (ITAT Pune)- An individual who leaves India as a crew member of an Indian ship will be a non-resident if his stay in India is less than 182 days in the tax year.The assessee has not produced any evidence to support his claim that he stayed outside India for the purpose of employment beyond 158 days.

Transfer Pricing – Comparable rejected by TPO without giving cogent reasons must be presumed to be comparable and DR cannot argue to the contrary

November 26, 2011 4272 Views 0 comment Print

ACIT vs. Maersk Global Service Center (ITAT Mumbai) -The Special Bench of the Tribunal in Mahindra & Mahindra Limited Vs. DCIT [(2009) 122 TTJ (Mum.) (SB) 577] has laid down the proposition to the effect that the Departmental Representative has no jurisdiction to go beyond the order passed by the A.O. It has further been observed in this case that the scope of argument of the Departmental Representative should be confined to supporting ordefending the impugned order and he cannot be permitted to set up an altogether different case.

Gujrat HC decides at what stage it can be held that there had been an international transaction between taxpayer and its Associated Enterprises

November 26, 2011 1174 Views 0 comment Print

HC decides at what stage it can be held that there had been an international transaction between taxpayer and its Assocaited Enterprises

TDS – AO not having jurisdiction cannot pass the order just because assessment was getting time barred – Bombay HC

November 26, 2011 4138 Views 0 comment Print

Indian Newspaper Society vs. ITO (TDS) (Bombay High Court) – The Petitioner is assessed at New Delhi. The PAN and TAN numbers are allotted to the Petitioner under Sections 139A and 203A by the Assessing Officer at New Delhi. All returns including the TDS returns have been filed at New Delhi. The Assessing Officer recorded the submissions of the Petitioner which advert to these facts and the contention based thereon that the jurisdiction would lie with the Income Tax Authorities at New Delhi.

Income of non-resident for production of television signals for broadcasting of cricket matches in India taxable as fees for technical services on gross basis

November 26, 2011 1204 Views 0 comment Print

Nimbus Sport International Pte. Ltd. v. DDIT (ITAT Delhi) -Coming to the issue about the advertisement revenue received by the assessee in Singapore for matches played abroad, it has not been disputed that the matches in question for which advertisements were given by the Indian company were all played in foreign countries. The assessee does not have a PE in India. In this eventuality, the revenue collected by it for the matches played overseas and telecast at overseas will not attract the theory of force of attraction for taxing them in India.

Obligation to deduct tax not arise on payment made to foreign company unless such payment is chargeable to tax in India

November 26, 2011 958 Views 0 comment Print

DCIT vs. M/s Calcutta Test House Pvt. Ltd. (ITAT Delhi) – Non-resident lessor does not have PE or business connection in India on account of leased assets used in India but delivered outside India, provided the lease agreement is entered on principle to principle basis.

CBI have No cases against German bank account holders

November 26, 2011 759 Views 0 comment Print

CBI is understood to have communicated to the Central Board of Direct Taxes that none of the individuals whose names figure in the LGT Bank accounts for stashing illegal funds abroad has any pending CBI cases against them. The list of 18 individuals was provided to the CBI by the CBDT to ascertain if these individuals have any pending cases with the agency.

India and Nepal to Sign Revised Double Taxation Avoidance Agreement

November 26, 2011 465 Views 0 comment Print

 Double Taxation Avoidance Agreement (DTAA) between India and Nepal will be signed tomorrow by the Finance Ministers of both the countries in Kathmandu. This Agreement (DTAA) would replace an earlier Agreement between two countries which was signed way back in 1987. The Union Finance Minister Shri Pranab Mukherjee will be visiting Nepal on a day’s […]

FDI in Retail Sector to create 10 million jobs – Anand Sharma

November 26, 2011 615 Views 0 comment Print

The decision of the Union Cabinet to permit FDI into multi-brand retail in the country will create 10 million new jobs including 6 million in the logistics sector alone, said Shri Anand Sharma, Union Minister for Commerce and Industry. Addressing a media conference at Chennai this afternoon he said the policy has to be viewed in the Indian context. Responding to apprehensions about the consequences of the policy, he asserted that the Indian model is quite distinct and different and has been drafted in such a way that it is sensitive to the interests of farmers youth as well as consumers.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031