CA Vispi T. Patel

Tribunal cannot stay demand beyond maximum period of 365 days

Income Tax - The Tribunal is not authorized to extend stay of demand beyond maximum period of 365 days. The decision of Tribunal to extend stay of demand beyond 365 days amounted to contravention of provisions of the law.( Ecom Gill Coffee Trading Private Limited and B. Fouress Private Limited v. CIT (ITA. No. 160&161/2012)] ...

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20% TDS deduction is contrary to S.139A & discriminatory

Income Tax - Section 206AA of the Income Tax Act, which provides for furnishing a permanent account number, is contrary to Section 139A and discriminatory and therefore, read down from the statute for those persons, whose income is less than the taxable limit [A. Kowsalya & Others v. Union of India & Others (W.P 12780-12782/2010)] ...

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Transfer Pricing – Management service charges paid to AE

Income Tax - Management service charges paid to AE by the assessee, which is closely linked to core business activities of the assessee, benchmarked by applying TNMM at entity level is held to be appropriate. Need and benefit from intra-group management services demonstrated by the assessee upheld – [McCann Erickson India Pvt. Ltd. v. ADCIT (ITA No....

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AAR – subsidiary created for Indian business is PE of foreign applicant company as well as its group companies in India

Income Tax - This is a unique Ruling rendered by the AAR wherein the concept of PE of a group of companies has been discussed. It is well known that a subsidiary of a foreign company is not enough to qualify the former as a PE of later or its group companies. The mere existence of a company control is not, in fact, enough, in accordance with Article ...

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Tribunal cannot stay demand beyond maximum period of 365 days

Ecom Gill Coffee Trading Private Limited and B. Fouress Private Limited Vs CIT (Karnataka High Court) - The Tribunal is not authorized to extend stay of demand beyond maximum period of 365 days. The decision of Tribunal to extend stay of demand beyond 365 days amounted to contravention of provisions of the law.( Ecom Gill Coffee Trading Private Limited and B. Fouress Private Limited v. CIT (ITA. No. 1...

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Recent Posts in "CA Vispi T. Patel"

Tribunal cannot stay demand beyond maximum period of 365 days

Ecom Gill Coffee Trading Private Limited and B. Fouress Private Limited Vs CIT (Karnataka High Court)

The Tribunal is not authorized to extend stay of demand beyond maximum period of 365 days. The decision of Tribunal to extend stay of demand beyond 365 days amounted to contravention of provisions of the law.( Ecom Gill Coffee Trading Private Limited and B. Fouress Private Limited v. CIT (ITA. No. 160&161/2012)] ...

Read More

20% TDS deduction is contrary to S.139A & discriminatory

Section 206AA of the Income Tax Act, which provides for furnishing a permanent account number, is contrary to Section 139A and discriminatory and therefore, read down from the statute for those persons, whose income is less than the taxable limit [A. Kowsalya & Others v. Union of India & Others (W.P 12780-12782/2010)] ...

Read More
Posted Under: Income Tax |

Transfer Pricing – Management service charges paid to AE

Management service charges paid to AE by the assessee, which is closely linked to core business activities of the assessee, benchmarked by applying TNMM at entity level is held to be appropriate. Need and benefit from intra-group management services demonstrated by the assessee upheld – [McCann Erickson India Pvt. Ltd. v. ADCIT (ITA No....

Read More
Posted Under: Income Tax |

AAR – subsidiary created for Indian business is PE of foreign applicant company as well as its group companies in India

This is a unique Ruling rendered by the AAR wherein the concept of PE of a group of companies has been discussed. It is well known that a subsidiary of a foreign company is not enough to qualify the former as a PE of later or its group companies. The mere existence of a company control is not, in fact, enough, in accordance with Article ...

Read More
Posted Under: Income Tax |

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