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Understanding Family Arrangements: Key FAQs Explained

January 5, 2008 9485 Views 0 comment Print

Explore essential FAQs on family arrangements, including their nature, legality, and differences from partitions. Get clarity on stamping and registration requirements.

Tax paid by employer is not a perk

January 3, 2008 1009 Views 0 comment Print

A Special Bench of the Delhi Income Tax Appellate Tribunal has ruled that the income tax that an employer pays on behalf of its employee is a non-monetary benefit in kind and, therefore, exempt from tax. The Tribunal’s ruling will benefit multinational companies operating through liaison and sales offices and unregistered Indian companies, some of which are known to bear the tax costs for their employees.

RTI Act – Income Tax Department determined to deny information – fails in second Appeal

January 3, 2008 1060 Views 0 comment Print

JUST a week ago, we carried a story and case where a Single Bench of the Delhi High Court had taken serious note of the lackadaisical approach of the Department in releasing the information. The High Court had directed the department to furnish the information within two weeks.

Deferred tax liability is Not a provision for Income Tax -ITAT

January 3, 2008 3514 Views 0 comment Print

Deferred tax liability is a provision for tax effect of difference between taxable and accounting income – Not a provision for I -T paid or payable – it is also not reserve as same cannot be transferred to P&L a/c, unlike a regular reserve – ITAT

How to avoid rigour of transfer pricing

January 1, 2008 2155 Views 0 comment Print

The transfer pricing concept is new to the Indian tax system. These provisions are intended to curb the mischief of avoidance of payment of tax in India either by understating the receipt or by overstating the expenses in respect of international transaction with Associates Enterprises. As observed by the Honourable Supreme Court in Morgan Stanley’s case (292 ITR 416) The object behind enactment of transfer pricing regulations is to prevent shifting of profits outside India.

Payments made for services provided from abroad will be taxable

January 1, 2008 1271 Views 0 comment Print

the various managerial, technical and consultancy services provided by the foreign contractor from the foreign country in connection with the construction project without actually taking up any such activities in India, will not be covered within the meaning of the words used in the Explanation 2 to section 9(1)(vii). In other words the payments made for various services provided from abroad by the foreign contractor will be taxable as income in the hands of the recipient under the provisions of the Act and accordingly the payments made by the assessee to the foreign contractor are liable for the deduction of tax at source.

Provisions of Section 43B of the Income-Tax Act, 1961 held as not applicable to service tax

December 31, 2007 25676 Views 0 comment Print

The rigour of sec.43B may be applicable in the case of Sales-tax or Excise Duty but the same cannot be said to be the position in case of Service-tax because of two reasons. Firstly, the Assessee is never allowed deduction on account of service tax which is collected on behalf of the Govt., and paid to the Govt. accordingly. Therefore, a service provider is merely acting as an agent of the Govt., and is not entitled to claim deduction on account of service tax. Hence, on this account alone addition under sec.43B could not be made

UP CM Mayawati wins Rs.60.00 Lacs case in ITAT

December 29, 2007 955 Views 0 comment Print

The issue before the Tribunal is the gifts amounting to Rs. 12 lakhs in cash and Rs. 62 Lakhs in immovable property received by Mayavati. The donors had even borrowed money and made the gifts to her. The AO was not convinced but the CIT(A) was and Revenue is in appeal before the Tribunal. Assessee Mayavati is also before the Tribunal pleading Standard deduction of Rs. 30,000/-.

Income Tax Department to furnish information sought Under RTI within Two weeks

December 24, 2007 2530 Views 0 comment Print

Right to Information is a fundamental right – Income Tax Department to furnish information sought within two weeks – serious note taken of lackadaisical approach of Department in releasing information – Delhi High Court

Understanding Wealth Tax on Properties in India

December 24, 2007 9347 Views 0 comment Print

Wealth tax in India targets non-productive assets, levied at 1% on wealth over ₹15,00,000. Learn about exemptions and valuation for tax assessments

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