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In the books of account, assessee had made provision for doubtful debts for this amount. The matter is sub-judice before court or arbitration. This shows that the amount was not ascertained. It remained contingent at the relevant time. Moreover, it had been gone against assessee due to amendment in Act. The amendment made by inserting clause (i) in Explanation 1 to section 115JB by the Finance Act, 2009 with retrospective effect 1.4.2001, the amount set aside and provision for diminution in the value of an asset is to be added to arrive at the book profit under section 115JB of the Act. This empowers the Assessing Officer to add to income any amount debited in profit & loss account for provision of bad and doubtful debts.
There can be no concealment or non-disclosure, as the assessee had made a complete disclosure in the IT return and offered the surrendered amount for the purposes of tax and therefore no penalty under s. 271(1)(c) could be levied. The words ‘in the course of any proceedings under this Act’ in Sec. 271(1)(c ) of the Act are prefaced by the satisfaction of the AO or the CIT(A).
Since the entire services were rendered outside India having nothing to do with the permanent establishment, there can be no taxability of this amount in India. Further in para (12) it has been held that the offshore services are inextricably linked to the supply of goods, so it must be considered in the same manner.
the commission or brokerage definition does not include transactions in securities. There is no doubt that Mutual Funds are categorised as securities on which there is no objection from the Revenue either before the A.O. or before the CIT(A). In fact the CIT(A) also gives a finding that the A.O. has not disputed that units of Mutual Funds are securities as per Securities Contracts (Regulation) Act, 1956. Assessee is in the business of Mutual Funds distribution and investment agent.
The words used in Article 12(1) was ‘paid to a resident of other contracting state’. The term royalties also means “payment of any kind received”. Since the word used in the DTAA is ‘paid’ or ‘received’, assessee’s contention that amounts cannot be taxed on accrual basis is correct. This interpretation is also supported by the decision of the Hon’ble Bombay High Court in the case of DIT (IT) v. Siemens Aktiengesellschaft ITA no 124 of 2010 dt.22.10.12 wherein the Hon’ble Bombay High Court on a question as follows:
Mr. Vimal Gupta, Advocate for appellant revenue contends that the amount of Rs. 8.65 lacs being the difference between Rs. 80.00 lacs shown in the seized document and Rs. 71.35 lacs shown in the document evidencing to purchase of Candy House property represents unexplained cash paid by the respondent for purchase of the Candy House and has to be added as her undisclosed income. It is his submission that it was for the respondent to discharge the onus on her to explain the noting found during the search of the premises which indicated Rs. 80.00 lacs as the value of the Candy House property. In view of the failure of the respondent to discharge the burden an amount of Rs. 8.65 lacs has to be added as undisclosed income of the respondent Mr. Subhash Shetty learned counsel for the respondent supports the order.
In this case, the Hon. AP High Court has, inter alia, held that the retrospective amendments to the Income-Tax Act, 1961 (the Act), vide the Finance Act, 2012, have no impact on the interpretation of the DTAA and the transaction in issue falls within Article 14(5) of the DTAA between India and France and the tax resulting there from is allocated exclusively to France.
Can a Chartered Accountant (CA) file Income Tax Return on behalf of the Company? Answer: No. The person authorized by the company to file the Income Tax Return, can e-File the Income Tax Return of the company. Can a Chartered Accountant (CA) file Income Tax Forms like Audit Forms on behalf of the taxpayer? Answer: […]
Is it mandatory for certain classes of assessees to submit the Income tax returns electronically for AY 11-12 onwards? Answer: Yes. e-Filing of Returns/Forms is mandatory for : Individual/ HUF having total income of Rupees 10 Lakhs and above for AY 2012-13 and subsequent Assessment years. Individual/ HUF, being resident, having assets located outside India […]
What are the steps in brief to upload the Income Tax Return on this website? Visit ITD e-filing website https:\incometaxindiaefiling.gov.in. On homepage, GO TO ‘Downloads’ section and select applicable Income Tax Return Form of the relevant Assessment Year OR Login to e-Filing application and GO TO ‘Downloads’→’Income Tax Return Forms’ and select applicable Income Tax Return Form of the relevant Assessment Year. Download the excel utility of the Income Tax Return (ITR).
