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Interest on fixed deposit made for business purpose should be considered as business income and not as income from other sources

December 18, 2010 12633 Views 0 comment Print

Mumbai bench of the Income-tax Appellate Tribunal (the Tribunal) held that interest income earned on fixed deposit made for the purpose of business should be considered as business income and not as income from other sources. Further, the Tribunal held that salary and welfare expenses of taxpayer’s staff will not be covered under section 44C of the Income-tax Act, 1961 (the Act) since the expenses are directly related to the Indian Project. The Tribunal also held that the payment made for procurement services cannot be considered to be a payment towards fees for technical services as per India-Korea Tax Treaty (the tax treaty) since procurement services were purely commercial in nature and had nothing to do with rendering of any technical managerial or consultancy services.

Captive service provider cannot be compared with Infosys Technologies Limited- Delhi ITAT

December 18, 2010 877 Views 0 comment Print

ITAT Delhi held that a captive service provider assuming minimal risks, cannot be compared to a large company like Infosys Technologies Limited which assumes all risks leading to greater rewards.

Pass-through costs (paid to third party vendors) not to be included in cost base for determining net profit margin

December 18, 2010 4155 Views 0 comment Print

The ITAT Delhi held where a taxpayer engaged in rendering advertising and related services to its Associated Enterprises (AEs) is also acting as an intermediary between the AEs and the third party vendor to rent advertisement space from the vendor, costs recovered by the taxpayer from the AEs for such renting and then passed on to the vendors (pass-through costs) would not be value adding costs for the taxpayer and would, therefore, not be taken into account for computing net profit margin (Operating Profit / Total Cost) of the taxpayer for applying the Transactional Net Margin Method (TNMM).

FAQ s on Convergence of Indian Accounting Standards convergence IFRS

December 17, 2010 2240 Views 0 comment Print

Improves investor confidence across the world with transparency and comparability Improves inter-unit/ inter-firm/inter-industry comparison Group consolidation made easy with same standard by all companies in group wherever located Acceptability of f

Income-tax department opens investigations into 15 companies owned by MP Jagan Mohan Reddy

December 17, 2010 522 Views 0 comment Print

In a move that is certain to invite charges of political witch-hunt, the income-tax department has opened investigations into 15 companies owned by rebel Congress MP Jagan Mohan Reddy, including Bharti Cements and Jagruti Publications, for allegedly evading tax.

Commissioner of Central Excise Commissionerate Versus M/s Cool Tech. Corporation ( High Court Of Punjab and Haryana)

December 17, 2010 898 Views 0 comment Print

This appeal has been preferred by the revenue under Section 35G of the Central Excise Act, 1944 read with Section 83 of the Finance Act , 1994 against order dated 22.3.2010 passed by the Customs Excise and Service Tax Appellate Tribunal, New Delhi proposing following substantial question of law

Penalty under Sections 76 and 78 are mutually exclusive and could not be imposed simultaneously

December 17, 2010 2807 Views 0 comment Print

In this tax appeal, Tribunal upholds Section 78 penalty, sets aside Section 76. Learn about the mutually exclusive nature and legal implications.

No video calls without government clearance

December 17, 2010 486 Views 0 comment Print

As private telecom operators gear up to launch full-fledged 3G services, the Department of Telecommunications has asked three telecom service providers — Airtel, Tata and Reliance Communications — that have already started offering third generation m

ICWAI 8th National Award for Excellence in Cost Management – 2010

December 17, 2010 390 Views 0 comment Print

Companies are free to participate in the Award Scheme either for the company as a whole or for each unit separately. The Award Categories are as follows : Public Sector – Manufacturing (Small, Medium and Large) Private Sector – Manufacturing (Small

In case of War widows, handicapped people and similar cases, the law should take a liberal view – SC

December 17, 2010 637 Views 0 comment Print

In this case, a war widow was given a gas distribution agency. She was managing it with her two daughters. When she became old, she made it into a partnership. She held 51 per cent and another held the rest. The corporation cancelled the licence on t

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