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Judiciary

Service Tax – Once penalty imposed u/s. 78 there is no justification for imposition of penalty u/s. 76

February 20, 2011 804 Views 0 comment Print

The instruction of the Board dated 31.10.07, sought to be relied upon by the department, is in the context of concluding proceedings on payment of service tax, interest and 25% of the amount as penalty on issue of show cause notice. In the present case, adjudication has been done by the original authority and penalties have been imposed under various sections including Section 78. Proviso to Section 78 clearly provides for payment of concessional penalty if the duty and interest determined by the authorities are paid within 30 days

S. 195 Amount on which TDS to be deducted in case of composite amount

February 20, 2011 1393 Views 0 comment Print

Explore Chennai Water Board Tax Case with TDS on loss-making payee, interest levy, and proportionality issues under the Income Tax Act.

Salary taxable only if it accrues in India

February 20, 2011 1832 Views 0 comment Print

Whether salary credited to a bank account in India for services rendered there by a non-resident was taxable in India?

Unrealised loss on outstanding interest rate swaps would be allowable as business deduction

February 20, 2011 2251 Views 0 comment Print

This decision is relevant to assessees following RBI guidelines for accounting for interest rates swaps. Companies which are claiming unrealised loss on outstanding interest rate swaps at the year end would find this ruling useful. While this ruling

Guaranteed amount paid to any non-resident sports association in relation to any match played in India liable to withholding tax

February 20, 2011 2180 Views 0 comment Print

Calcutta High Court in the case of PILCOM v. CIT , held that if any payment in the nature of guaranteed amount was paid to any non-resident sports association in relation to any match played in India, the provisions of section 194E of the Income-tax Act, 1961 would be applicable with respect to deduction of tax at source. Furthermore, the HC has held that the provisions of section 115BBA of the Act which deals with taxability of non-resident sportsmen or sports associations, are independent from the other provisions of the Act and would override the generality of section 9(1) of the Act which deals with the accrual or assessing of income in India.

Payments to overseas telecommunication service providers towards provision of International Private Leased Circuit/ dedicated bandwidth to be taxable as Royalty

February 20, 2011 2914 Views 0 comment Print

The Chennai Tribunal has held that payments towards IPLC / dedicated bandwidth are towards use of ‘equipment’ or ‘process’ and therefore would qualify as royalty under the Act as well as DTAA. It may be noted that the proposition on ‘process’ eleme

Delhi High Court rules that additional provision for warranty is revenue expenditure

February 20, 2011 1338 Views 0 comment Print

Recently, the Delhi High Court (High Court) in the case of CIT v. Whirlpool of India Ltd. (ITA No. 1154 of 2009) (Judgement date: 24 January 2011 Assessment Year 1996-97) held that additional provision for warranty made was not contingent liability

Transfer Pricing- CUP method (the traditional transaction method) is preferable to the other methods

February 20, 2011 3035 Views 0 comment Print

In principle, the CUP method (the traditional transaction method) is preferable to the other methods because all other things being equal, the CUP and traditional transactional methods lead to more reliable results vis-a-vis the results obtained by a

Buyer has to bear extra price due to enhancement in duty/tax rates prior to delivery of the vehicle

February 20, 2011 444 Views 0 comment Print

In the absence of any evidence of any deliberate intention on the part of the respondents to delay delivery of the vehicle, we are unable to agree with the petitioner that the increase in price has to be borne by the respondents. The petitioner had r

ITAT Delhi Rules Activity of giving micro-finance and earning interest is “charitable purpose”

February 20, 2011 886 Views 0 comment Print

The learned CIT has also given one more reason that it is not comprehensible as to why not the assessee got itself registered as a society,if the motive of the assessee was to do activities of public charity. This reason given by the CIT is found, in

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