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taxation

Latest Articles


Taxation of Debt Funds

Income Tax : Explore the changes in taxation of debt mutual funds pre and post April 2023. Learn about impacts, benefits, and strategies. Inves...

March 29, 2024 4296 Views 0 comment Print

Korean taxation: Evolution over the decades

Income Tax : In our tribute to top 25 GDP nations of the world, South Korea has shown a remarkable story to be written in golden letters. Like ...

December 28, 2021 2397 Views 0 comment Print

Taxation of Co-Operative Society

Income Tax : Section 80P: Deduction in respect of Income of Co-operative Societies In case of all co-operative societies, except co-operative b...

October 23, 2021 108525 Views 2 comments Print

Taxation of Mutual Fund SIP

Income Tax : Arjun (Fictional Character): Krishna, nowadays more and more people are making investments in mutual funds through SIPs? Krishna(F...

October 18, 2021 89955 Views 2 comments Print

Taxation of Political Parties

CA, CS, CMA : Understand the taxation rules for political parties. Learn about the conditions for excluding certain incomes and maintaining prop...

October 16, 2021 10545 Views 0 comment Print


Latest News


Corporate India wants no change in tax rates in 2012-13 Budget

Income Tax : Reeling under the impact of global slowdown and a high interest rate regime, India Inc on Monday demanded that tax rates be retain...

February 8, 2012 771 Views 0 comment Print

India negotiating changes in DTAA with Mauritius – Pranab Mukherjee

Income Tax : Finance Minister Pranab Mukherjee today said the government is negotiating changes in a tax treaty with Mauritius, the country whi...

June 30, 2011 633 Views 0 comment Print

5 crore special coins to mark 150 years of taxation

Income Tax : Five crore commemorative coins of Rs 5 denomination, unveiled recently to celebrate 150 years of taxation, will be minted for publ...

April 1, 2011 1234 Views 0 comment Print

India signs tax information exchange pacts to avoid tax evasions

Income Tax : India signed Tax Information Exchange Agreements (TIEA) with various countries to avoid tax evasions and fiscal frauds such as mon...

February 25, 2011 759 Views 0 comment Print

VAT refund claims to be cross-checked – Sanjay Bhatia

Goods and Services Tax : The Maharashtra Sales Tax department is taking steps to apply more caution while disposing of VAT refund applications following di...

November 23, 2010 657 Views 0 comment Print


Latest Judiciary


If certain activities are not really services but more in the nature of stewardship/shareholder activities, the amounts cannot be taxed in India in the absence of a permanent establishment (PE)

Income Tax : The applicant is a US-based manufacturer engaged in manufacturing of engineering goods and is also an R&D-based service provider. ...

December 5, 2009 2847 Views 0 comment Print

Confirmation of addition by tribunal does not mean concealment of income or inaccurate furnishing of particulars of income

Income Tax : The penalty proceedings and the assessment proceedings both are different. Explanation 1to section 271(1)(c) in respect of any fac...

November 24, 2009 5555 Views 0 comment Print

Section 14A of IT Act applicable in respect of share of profit from partnership firm

Income Tax : A partnership firm is a separate entity than that of its partners under the Income-tax Act and therefore, partners vis-à-vis part...

November 12, 2009 11760 Views 0 comment Print

Reopening under section 147 by the AO on the same set of facts, without there being any additional information, can only be considered as change of opinion

Income Tax : As can be seen from the above the adjustment made by the assessee is according to the provisions of the Act. Since both the indust...

November 1, 2009 403 Views 0 comment Print

If the Assessing Officer has made the assessment by making such inquiries as he deemed fit, the order cannot be termed as erroneous

Income Tax : I have duly considered the rival contentions and the material en record. The perception of the CIT that the profit is low prompted...

October 20, 2009 904 Views 0 comment Print


Latest Notifications


Due Date for MVAT audit in form 704 for financial year 2008-09 extended to 31st March 2010

Goods and Services Tax : Representations from various Trades and Associations have been received with a request to extend the due date for submission of Au...

January 28, 2010 6422 Views 0 comment Print

Taxation of Services Provided from outside India and Received in India

Service Tax : Legal Consultancy Services provided from outside India, in relation to immovable property shall be deemed to be import of service...

October 1, 2009 1182 Views 0 comment Print

Notification about composition Scheme for Drug Retailers

Goods and Services Tax : In exercise of the powers conferred by sub-section (1) of section 42 of the Maharashtra Value Added Tax Act 2002 [Mah IX of 2005] ...

November 27, 2008 2960 Views 0 comment Print

Securities lending/borrowing Scheme of Securities and Exchange Board

Income Tax : CIRCULAR NO-2/2008-Income Tax Securities and Exchange Board of India (SEBI) vide circular No.-MRD/DoP/SE/Dep/ Cir14/2007 dated 20/...

February 22, 2008 1084 Views 0 comment Print

Procedure for refund of TDS U/s. 195 to person deducting tax- reg

Income Tax : CIRCULAR NO. 7/2007-Income Tax The Board had issued Circular No. 790 dated 20th April, 2000, laying down the procedure for refund ...

October 23, 2007 23623 Views 0 comment Print


Notification about composition Scheme for Drug Retailers

November 27, 2008 2960 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 42 of the Maharashtra Value Added Tax Act 2002 [Mah IX of 2005] the Government of Maharashtra hereby amends the Government Notification, Finance Department, No. VAT-1505/CR- 105/Taxation 1 dated the 1st June 2005 as follows namely.

IT Department has sought clarity from the CBDT on non-compete fee

February 27, 2008 345 Views 0 comment Print

According to income tax officials, Section 55(2) of the I-T Act estimates the cost of right to carry on any business as nil. However, non-compete compensation received by a person carrying on a reputed business is not explicitly covered in the clause right to carry on any business and is claimed as capital receipt. The department has favoured an amendment to Section 28 of the I-T Act to exclude such compensation from the list of capital transactions. The non-compete fee is shown as capital receipt and thus gets exemption.

Indian students may get income tax relief in US

February 23, 2008 426 Views 0 comment Print

Income tax relief could be in store for US-bound students with New Delhi planning to seek changes in the Double Taxation Avoidance Agreement. Indian students have to pay an income tax on earnings from part-time jobs. This is because the India-US tax treaty provides for treatment of Indian students on a par with US nationals without giving a special tax relief.

Securities lending/borrowing Scheme of Securities and Exchange Board

February 22, 2008 1084 Views 0 comment Print

CIRCULAR NO-2/2008-Income Tax Securities and Exchange Board of India (SEBI) vide circular No.-MRD/DoP/SE/Dep/ Cir14/2007 dated 20/12/2007, has decided to permit all classes of investors (individuals, institutional, etc.) to short sell. Further, with a view to provide a mechanism for borrowing of securities to enable settlement of securities sold short, SEBI has also decided to put in place a full-fledged Securities Lending and Borrowing (SLB) Scheme for all market participants in the Indian securities market under the overall framework of “Securities Lending Scheme”, 1997″ of SEBI (Circular No.SMD/Policy/ SL/CIR-09/ 97 dated May 07, 1997).

Warrant of authorisation issued by Addl Director without proper authority

October 24, 2007 859 Views 0 comment Print

Warrant of authorisation issued by Addl Director without proper authority – entire search and assessment consequent to such invalid search is bad in law and annulled -ITAT. The warrant of authorization issued in the present case by the Addl. Director of Income Tax (Investigation) has therefore to be held without proper authority and the entire search as well as the assessment proceedings consequent to such invalid search has to be held bad in law and annulled.

Procedure for refund of TDS U/s. 195 to person deducting tax- reg

October 23, 2007 23623 Views 0 comment Print

CIRCULAR NO. 7/2007-Income Tax The Board had issued Circular No. 790 dated 20th April, 2000, laying down the procedure for refund of tax deducted under section 195, in certain situations to the person deducting the tax at source from the payment to the non-resident. Representations have been received in the Board from taxpayers requesting that the said Circular may be amended to take into account situations where genuine claim for refund arises to the person deducting the tax at source from payment to the non-resident and it does not fall in the purview of the said Circular.

Appeal to High court – Estimate of income

October 10, 2007 358 Views 0 comment Print

The learned Tribunal has noted that it was common ground between both the parties that the income of the Assessee was liable to be determined on an estimate basis.

Need for notice u/s 143(2) cannot be dispensed

September 28, 2007 1728 Views 0 comment Print

Need for notice u/s 143(2) cannot be dispensed with in a case where AO proceeds to make inquiry for assessment, and determination of taxes payable after issuing notice u/s 143(1) as well – ITAT

Intersting one- Avoiding double taxation overseas

September 26, 2007 918 Views 0 comment Print

Assessee tried to take the benefit of the AAR of British Gas (I) Pvt Ltd….but seem to have failed..!!!! ! Income Tax – Assessee posted abroad for more than 182 days on deputation – DTAA – Income not taxed by the contracting state – Return filed and tax paid in India – Later contended that since he was non-resident during the FY, his income was not taxable in India – Since his income was not brought to tax in the contracting state, such income is taxable in India as the purpose of such bilateral treaties is to avoid double taxation and not to exempt income from taxation altogether – Assessee’s appeal dismissed

Law on borrowed words

September 26, 2007 274 Views 0 comment Print

“It is true that the Division Bench of the High Court has borrowed extensively from the orders of the Tribunal and the Commissioner and passed them off as if they were themselves the author’s,” noted the apex court. “We feel that quoting from an order of some authority particularly a specialised one cannot per se be faulted as this procedure can often help in making for brevity and precision, but we agree with Mr Vahanavati to the extent that any `borrowed words’ used in a judgment must be acknowledged as such in any appropriate manner as a courtesy to the true author(s).”

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