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Payments for referral services cannot be termed as fees for technical services (FTS)

July 9, 2010 2796 Views 0 comment Print

The receipts in the nature of referral fees do not constitute “fee for technical services”. Further, in the absence of a PE in India, the same cannot be subject to tax in India.

Vodafone hearing rescheduled to August 2

July 9, 2010 745 Views 0 comment Print

A court on Thursday rescheduled hearing of Vodafone’s appeal against the country’s tax department to Aug. 2, a Vodafone representative said. The Bombay High Court gave a new date after the counsel for the Indian tax office asked for adjournment of the matter, the representative said in a statement to media.

Ultimate Holding Company should not be considered as beneficial owner of gains arising to Subsidiary Company on sale of investments held by such Subsidiary Company

July 9, 2010 2608 Views 0 comment Print

The applicant, a Dutch company was incorporated on 11 August 2008. On 6 November 2008, it acquired all the shares of an existing Indian company from another group company located in Germany. The shares were acquired for a consideration of INR 100 million.

FII’s Income from trading in futures and options is business income

July 9, 2010 3630 Views 0 comment Print

FII‘s income from trading in futures and options is in the nature of business income. Special provisions under the domestic tax laws i.e. Section 1 15AD does not preclude FII‘s from earning business income in India.

Common Disputes -FAQ in Partnership Firm

July 9, 2010 4559 Views 0 comment Print

I have taken on rent particular premises. Later I entered into a partnership. The firm so formed is carrying on its business on the premises taken on rent by me. Does it amount to subletting? A. It does not amount to sub letting. When a person after taking premises on rent, enters into partnership firm to carry business, it did not amount to sub letting because the premises continues to remain in possession of the tenant.

Mere reimbursement of costs based on a cost sharing agreement not liable to withholding tax

July 8, 2010 6846 Views 0 comment Print

ABB Limited, an Indian company (ABB India) and ABB Research Limited, Zurich, a Swiss company (ABB Zurich) are part of the ABB group. The group is engaged in the manufacturing of power products and systems technologies and has business activities across the globe in over 100 countries.

Consortium members working together with independent scope not an AOP

July 8, 2010 2954 Views 0 comment Print

Merely coming together and acting in cooperation with each other for the purpose of executing the work while each member carries on its own scope of work independently does not reasonably lead to the conclusion that an AOP has been formed.

Supply of customized software and enabling client personnel to handle the system amounts to “fees for included services” under the India-US tax treaty

July 8, 2010 579 Views 0 comment Print

Under the specific facts of the case, customization of standardized software specific to client specifications was held to be “fees for included services” as the software developer made available technical knowledge, experience or skill to the client to enable client personnel to operate the software system themselves.

Government increases existing limit of the Employees Deposit Linked Insurance amount from Rs 60,000 to Rs 1,00,000

July 8, 2010 1343 Views 0 comment Print

The government has increased the existing limit of the Employees Deposit Linked Insurance amount from Rs 60,000 to Rs 1,00,000. The amount will be paid to the next of kin of an employee in case of his death. In a notification issued on June 18, the government in the newly modifed Employees’ Deposit Linked Insurance (Amendment) Scheme, 2010, said the benefits will be for employees of both the public and private sector.

Import Policy of items under Code 7326 90 99

July 8, 2010 1108 Views 0 comment Print

In exercise of powers conferred under section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy, 2009-2014, the Central Government hereby makes the following amendments in Schedule –1 of the ITC(HS) Classifications of Export and Import Items.

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