Uttarakhand High Court

Activity of converting boulders into grit/stone chips/powder amounts to production and the assessee is entitled to a deduction under s 80-IB

CIT Vs Mallikarjun Geo resources Associates (Uttarakhand High Court)

CIT Vs Mallikarjun Geo resources Associates (Uttarakhand High Court)- The word “production” takes in all the by-products, intermediate products and residual products, which emerge in the course of manufacture of goods....

Read More

Jurisdictional CIT should not be part of DRP to avoid Bias- Uttarakhand High Court

Hyundai Heavy Industries Ltd VS The Union of India and others (Uttarakhand High Court)

Hyundai Heavy Industries Ltd VS Union of India (Uttarakhand High Court)- The petitioner consequently orally objected to the constitution of the collegium and submitted that there was a conflict of interest if the DIT-II continues to sit in the collegium since he was involved in the reassessment proceedings....

Read More

Employee not liable to pay interest U/s. 234B for employers failure to deduct TDS on Salary

Director of Income Tax International Taxation Vs M/s Maersk Co. Ltd. (Uttarakhand High Court)

DIT vs. Maersk Co Ltd as agent of Mr. Henning Skov - In the instant case, it was held that the assessee was not liable to pay interest under section 234B upon failure on the part of the employer to deduct tax at source as the obligation to deduct tax at source is upon the employer. The assessee was only liable to pay tax directly under se...

Read More

Applicability of section 44BB of the IT Act on mobilization/ demolization charges received by a non-resident foreign company

R&B Falcon Drilling Co. Vs Addl. CIT (Uttarakhand High Court)

Brief facts of the case giving rise to this appeal are that assessee, a non-resident foreign company, engaged in the business of providing services in connection with extraction and production of mineral oils, submitted its return of income declaring income at Rs. 2,11,79,270/ - for the Assessment Year 1999-2000. The case was processed u...

Read More

Expenditure incurred by a foreign company in India during period of lull in its business in India not allowable

CIT Vs Foramer France (Uttarakhand High Court)

6. Admittedly, the assessee in these appeals are non-resident companies having no permanent establishment in India. It is also not disputed that after the contract received by the assessee companies in the year 1983 and before, fresh contract was given to them by the ONGC only in the year 1999. Learned counsel for the appellant (revenue) ...

Read More

Expenses reimbursed cannot be excluded from the amount defined in section 44BB(2)

CIT Vs RBF Rig Corporation (Uttarakhand High Court)

Whether, the ITAT has erred in law in holding that reimbursement of expenses on account of catering charges and fuel etc. to the assessee were not part of the gross receipts for the purposes of Section 44BB of the Income Tax Act, 1961? 5. Before further discussion, we think it just and proper to quote the provisions contained...

Read More

The word ‘tax’ does include ‘surcharge’ for the purposes of Clause (2) of Article 14 of the Double Taxation Avoidance Agreement with USA

The Commissioner of Income-tax, Dehradun Vs Arthusa Offshore Company (Uttarakhand High Court at Nainital)

CIT Vs. Arthusa Offshore Company (Uttarakhand)- ITAT has erred in law in holding that word 'tax' does not include “surcharge” for the purposes of Clause (2) of Article 14 of the Double Taxation Avoidance Agreement with USA, and in upholding the decision of the CIT(Appeals), reducing the tax rate applicable to assessee NRC at 60 per ...

Read More

Whether sale proceeds of plants raised in nursery on land belonging to assessee consti­tutes income from agriculture – Held, yes

Commissioner of Income-tax, Meerut Vs Green Gold Tree Farmers (P.) Ltd. (Uttarakhand High Court)

Section 2(1A) of the Income-tax Act, 1961 - Agricultural income Assessment years 1988-89 and 1990-91- Whether sale proceeds of plants raised in nursery on land belonging to assessee consti­tutes income from agriculture - Held, yes . Commissioner of Income-tax, Meerut v. Green Gold Tree Farmers (P.) Ltd....

Read More

Browse All Categories

CA, CS, CMA (5,502)
Company Law (7,411)
Custom Duty (8,511)
DGFT (4,546)
Excise Duty (4,493)
Fema / RBI (4,707)
Finance (4,999)
Income Tax (37,424)
SEBI (3,995)
Service Tax (3,720)

Search Posts by Date

June 2021
M T W T F S S
 123456
78910111213
14151617181920
21222324252627
282930