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Residents are taxed on worldwide income and non-residents are taxed only on income sourced in India. Companies are treated as residents on satisfying either of the conditions: (a) incorporation in India (b) Place of Effective Management (‘POEM’) is in India. Accordingly, a company incorporated outside India and having its POEM outside...
Read MoreThe reopening of an assessment is carried out by the Assessing Officer by first issuing a notice under Section 148 of the Income Tax Act, 1961 (the Act) and thereafter proceeding to make a reassessment order under Section 147 of the Act. Yet, in certain circumstances, the assessee is advised or he decides to challenge […]...
Read MoreEvery walk of human life needs self-discipline in the like manner every judicial decision should be based on judicial discipline. The judicial discipline is a vital factor in adjudication proceedings. The adjudicating authorities should be bound by the precedent judgments of the higher authorities in the identical cases. Then only the jud...
Read MoreBuy-backs have been the topic of discussion in corporate corridors in India since Budget (No. 2) 2019 has extended the existing tax on buy-back of shares to listed shares. Earlier, listed companies used buy-backs as an alternative to reward shareholders, as dividend was proving an expensive alternative from a tax perspective. A buy-back i...
Read MoreBrief Analysis of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 Basis of charge Undisclosed asset outside India is defined to mean asset (including financial interest in any entity) located outside India, held by assesee in his own name or in respect of which he is beneficial owner, and he […]...
Read MoreIn order to attract fresh investment in manufacturing and provide boost to 'Make-in India' initiative of the Government, another provision was inserted to the IT Act, to provide that a domestic manufacturing company set up on or after 1st October, 2019 and which commences manufacturing by 31st March, 2023, may opt to pay tax at 15% plus s...
Read MoreIndia is now one of the front runners among the developing countries for attracting FDI. Its strong and stable growth and commitment to institutional reforms has made it one of the most attractive destinations for FDI. Cross border flow of capital, human resource and technology has increased manifold over the period of time, which in [&he...
Read MoreContinuous and rapid global integration has impacted the economies of different countries differently and in a positive manner. Consequently, knowledge, experience and skills of human capital have also been seamlessly shared, which in turn has placed expatriate employees in the most vital position. The income of an inbound expatriate or a...
Read MoreFollowing is the Exposure Draft of the Guidance Note on Report under section 92E of the Income-tax Act, 1961 (Transfer Pricing), issued by the Committee on International Taxation of ICAI for comments. Changes have been made to the extent of amendments made by the Finance Act, 2017....
Read MoreOn 15.11.2019, the Income Tax Department commenced a search action under section 132 in the case of a company in a tier 3 city in Tamil Nadu. The company is in the business of manufacturing certain specialized materials which are supplied to the health sector in India and abroad....
Read MoreDCIT Vs Khurana Rolling Mills (P) Ltd (ITAT Chandigarh) - Surrender offered by assessee on account of undisclosed sundry debtors was purely related to business carried out by assessee, therefore, same had to be assessed as deemed income under sections 69, 69A/B/C and assessee was entitled to claim the benefit of set off of losses both current and brought f...
Read MoreLinde AG, Linde Engineering Division And Anr. Vs DDIT (Delhi High Court) - Linde AG, Linde Engineering Division & Anr. Vs DDIT (Delhi High Court) Hon’ble high court held that ‘mere cooperation’ between consortium members not results in an AOP. High Court held that where there is an independent / separate scope of work for each member coupled with no...
Read MoreM3M India Holdings Pvt. Ltd Vs ITSC (P&H High Court) - M3M India Holdings Pvt. Ltd Vs ITSC (P&H High Court) For purposes of making an application for settlement, a case i.e. an assessment would be pending till such time as the assessment order is served upon the assessee. The assessee is entitled to proceed on the basis that till the service of the ...
Read Morei2i Telesource Pvt. Ltd. Vs ITO (ITAT Mumbai) - Where assessee claimed that there was wrong credit entry by payer-client in Form 26AS, AO was required to examine its genuineness before making any addition on account of mismatch between receipts reflected in Form 26AS and in profit and loss account. Thus, matter was remanded for re-adjudication....
Read MorePCIT Vs Nokia Solutions & Networks India Pvt. Ltd. (Delhi High Court) - In cases where there is stay of recovery of demand of tax, the Tribunal should deal with the appeals pending before it on a higher priority. The Tribunal should consider forming a separate list of such cases which should be heard on priority after arranging the cases on the basis of their seniority ...
Read MoreNotification No. IBBI/2019-20/GN/REG051. - (20/11/2019) - Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 issued by IBBI on 20th November, 2019. Also Read-IBBI notifies Regulations for Insolvency Resolution and Bankruptcy Proceedings of Personal Guarantors to Corporate Debtors INS...
Read MoreNotification No. 98/2019-Income Tax [G.S.R.858(E)] - (18/11/2019) - The CBDT has notified that any sum deducted under section 194M shall be paid to the credit of the Central Government within a period of thirty days from the end of the month in which the deduction is made and shall be accompanied by a challan-cum-statement in Form No. 26QD. Every person responsible ...
Read MoreInstruction No. 15 - (15/11/2019) - In this regard, board has issued an instruction related to the verification checklist in the cash deposit cases during the demonetization period for providing the assistance to the AOs for verification of cash deposits and framing of assessment in the demonetisation related cases....
Read MoreNotification No. 97/2019- Income Tax/ S.O. 4084(E) - (13/11/2019) - The name of the approved organization Diabetes Research Centre Foundation, Chennai shall be read as Prof. M. Viswanathan Diabetes Research Centre, Chennai with effect from 01.04.2010....
Read MoreNo.18/65/2017-EO(SM.II) - (11/11/2019) - Empanelment of the following officers for promotion to the grade of Chief Commissioner of Income Tax (CCIT) in the Indian Revenue Service (Income Tax) in Level 16 in the Pay Matrix (Rs.205400-224400/-) for the panel years 2018 (Supplementary Panel) and 2019 (Regular Panel), w.e.f. the date of assump...
Read MoreDCIT Vs Khurana Rolling Mills (P) Ltd (ITAT Chandigarh) -
Linde AG, Linde Engineering Division And Anr. Vs DDIT (Delhi High Court) -
M3M India Holdings Pvt. Ltd Vs ITSC (P&H High Court) -
i2i Telesource Pvt. Ltd. Vs ITO (ITAT Mumbai) -
PCIT Vs Nokia Solutions & Networks India Pvt. Ltd. (Delhi High Court) -
Mr. Mohammed Sharif Vs ITO (ITAT Mumbai) -
PCIT Vs Daksha Jain (Rajasthan High Court) -
ITO Vs. Ambika Metalchem Impex P. Ltd. (ITAT Mumbai) -
