Sec 2(v) of the Foreign Exchange Management Act, 1999 (FEMA) defines a person resident in India as: (i) a person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year but does not include-
Kaneria Granito Ltd Vs ACIT (Gujarat High Court) In this case, admittedly, all the three bank accounts were in the nature of either the cash credit account or term loan account. In other words, the accounts were opened to enable the assessee to borrow the money from the bank for the purpose of its business. […]
Smt. B. Radha & Ors. Vs. DCIT (ITAT Hyderabad) The impugned issue to be considered is whether the reopening of assessment on the basis of so-called statement of Shri Ramalinga Raju (Satyam Computers) is warranted. As seen from the additions made, there is no live-link with the reasons recorded and the additions made. In fact, […]
It is evident from the word ‘or’, occurring for the first time in sub-clause (a) or (b) of clause (6) of section 6, that the two conditions contemplated in those sub-clauses are alternate and these are not cumulative. The fulfillment of either of the conditions would be sufficient to treat an individual or a Hindu undivided family as ‘not ordinarily resident’ in India.
Where AO allowed interest on capital and remuneration paid to the partners from the estimated income on the basis of partnership deed, assessment made by AO on estimation of income could not be treated as erroneous or prejudicial to the interest of Revenue for invoking the jurisdiction under section 263.
Shri Vembu Vaidyanathan Vs DCIT (ITAT Mumbai) Left with the relevant date to decide in the facts of the case, the decision of the Tribunal in Purushottam Govind Bhat’;s case (supra) really comes to favour the assessee. In the said case, the assessee joined the society in 1977. He was allotted a flat and occupied […]
1. Query What is the definition of ‘Basic Savings Bank Deposit Account’ (BSBDA)? Response All the existing ‘No-frills’ accounts opened pursuant to guidelines issued vide circular RPCD.RF.BC.54/07.38.01/2005-06 dated December 13, 2005 and RPCD.CO.No.RRB.BC.58/ 03.05.33(F) / 2005-06 dated December 27, 2005 and converted into BSBDA in compliance with the guidelines issued in circular RPCD.CO.RRB.RCB.BC.No.24/07.38.01/2012-13 dated August 22, 2012 as well as fresh […]
CIT Vs M/s Global Reality (Madhya Pradesh High Court) The next question that needs to be answered, is, whether the stipulation in Section 80IB(10)(a) can be said to be directory. Considering the prodigious benefit offered in terms of Section 80IB to the assessee (hundred per cent of the profits derived in any previous year relevant […]
Reserve Bank of India RBI/2015-16/59 DBR No.Leg.BC. 21/09.07.006/2015-16 July 1, 2015 Ashadha 10, 1937 All Scheduled Commercial Banks (Excluding RRBs) Dear Sir, Master Circular on Customer Service in Banks Please refer to the Master Circular DBOD No.Leg.BC.21/09.07.006/2014-15 dated July 01, 2014 consolidating the important instructions issued by us in the area of customer service up to June […]
Since basis for visiting assessee with penalty has been extinguished by quashing assessment order itself by Tribunal in appeal of assessee, impugned penalty imposed further had no leg to stand.
