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Uttarakhand High Court

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

July 21, 2011 5226 Views 0 comment Print

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.

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

July 7, 2011 4460 Views 0 comment Print

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.

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

April 7, 2011 8707 Views 0 comment Print

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 section 191 of the Act.

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

July 3, 2009 2683 Views 0 comment Print

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 under Section 143(1) of the Income Tax Act

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

June 12, 2009 462 Views 0 comment Print

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) argued that since the respondent / assessee

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

May 22, 2009 421 Views 0 comment Print

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

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

December 31, 2008 1152 Views 0 comment Print

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 cent instead of 65 per cent applied by the AO

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

February 15, 2008 1647 Views 0 comment Print

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.

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