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CIT Vs Dalmia Dairy Industries Ltd (Delhi High Court) – Income tax – Capital or Revenue Receipt – Rule 115 – Whether, if assessee receives a sum on account of non-performance of the terms of the agreement by the purchaser under an arbitration award and keep it in the capital account, the surplus arising on account of fluctuation in foreign exchange is taxable as revenue receipt or should be considered as capital receipt – Whether profit and loss arising on account of appreciation or depreciation in the value of foreign currency is taxable only when there is actual conversion of foreign currency – Case Remanded
ACIT v Viceroy Hotels Ltd. (ITAT Hyderabad) – The payment made by the assessee to the non-resident for only providing advisory services and opinions for the improvement of existing facilities in the hotels for meeting international standards would not fall within ambit of “fees for included services” as enumerated in Art 12(4) of the DTAA between India and USA. The provisions of s 195 were also not applicable and the assessee could not be treated as an assessee in default within the meaning of s 201(1).
CIT vs. SAS Pharmaceuticals (Delhi High Court) Though it is possible that but for detection in the survey, the assessee might not have offered the income, penalty u/s 271(1)(c) can only be levied if “in the course of proceedings” the AO is satisfied that there is “concealment” or “furnishing of inaccurate particulars“. The words “in the course of proceedings” mean the assessment proceedings because there is no question of the satisfaction of the AO in survey proceedings. Further, the question whether there is “concealment” or “inaccurate particulars” has to be determined with reference to the return of income. As the assessee had offered the detected income in the return, there was neither concealment nor the furnishing of inaccurate particulars.
A.A.R. No. 840 of 2010 in the case of ABC International Inc. USA- Foreign corporates with subsidiaries in the country are not subject to payment of withholding tax for financial services like discounting of bills provided to their Indian arms. In a ruling, the Authority of Advanced Rulings (AAR) also held such companies are also not liable to pay income tax in case the firm is based in a country which has a Double Taxation Avoidance Agreement (DTAA) agreement with India.
India signed a Double Taxation Avoidance Agreement (DTAA) with the Federal Democratic Republic of Ethiopia for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income on 25th May, 2011 at Addis Ababa. The Agreement was signed by Shri S.M. Krishna, External Affairs Minister on behalf of the Government of India and by Mr. Sufian Ahmed, Minister of Ethiopia in the presence of the Prime Minister, Dr. Manmohan Singh and the Ethiopian Prime Minister. Mr. Meles Zenawi.
Mahendra C Shah vs. Addl CIT (ITAT Mumbai) – The fact that the assessee borrowed for the purpose of buying shares is not conclusive that the assessee intended to do business in shares and not merely invest in them if the interest is capitalized as cost of the shares & not claimed as a revenue expenditure (Shanmugam 120 ITD 469 (Pune) followed). The fact of borrowing cannot be held against the assessee if there are other predominating factors in favour. Also as the assessee has own funds, it can be presumed that the shares were bought out of those funds.
The Central Government (the Ministry of Labour and Employment) had issued a notification No. R-11018 / 1/ 2010.SS- II dated 17.03.2011 in March 2011, providing its approval for crediting of interest at the rate of 9.5 per cent for the year 2010-11 to the account of each Employees’ Provident Fund (“EPF”) member subject to certain conditions. However, the then prevailing notification No. S.O. 2091(E), dated 26.08.2010 issued by the Ministry of Finance [providing for income-tax exemption rate for such interest for the members of Recognised Provident Funds (“RPFs”)] had fixed the interest at the rate of 8.5 per cent with effect from 1 September, 2010, beyond which the excess interest credited to the members’ accounts would be liable to income tax and taxable under the head `Salaries’ In terms of Rule 6(b) of the Part A of Fourth Schedule to the Income-tax Act, 1961 read with Section 17(1)(vi) of the Income-tax Act, 1961. Consequentially, the differential interest of 1 per cent credited to the members’ accounts (for the period 1 September, 2010 to 31 March, 2011) was chargeable to income-tax in the hands of the RPFs’ member employees.
Notification No. 27/2011 – Income Tax [F. NO. 149/122/2010-SO(TPL)], DATED 26-5-2011 In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely :— 1. (1) These rules may be called the Income-tax (Fifth Amendment) Rules, 2011.
Recently, the ITAT Delhi in the case of Eon Technology (P) Ltd. v. DCIT [2011] 11 taxmann.com 53 (Del) held that payment by way of commission for sales and marketing support outside India does not constitute income chargeable to tax in India under the Income-tax act, 1961 (the Act).
INSTRUCTION NO. 7 /2011 Section 260A of the Income-tax Act, 1961 – High Court – Appeal to – Instructions regarding Standard Operating Procedure on filing of appeals to High Court under section 260A and related matters. The Government has formulated the National Litigation Policy 2010, for conduct of litigation on its behalf. The policy declares: Government must cease to be a compulsive litigant. The philosophy that matters should be left to the courts for ultimate decision has to be discarded. The easy approach, ‘let the court decide’, must be eschewed and condemned.
