1496 8 july_2016
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1. The Supreme Court ruled that the period of a special audit is excluded when computing the time limit to complete a block assessment. 2. The Gujarat High Court allowed a company's claim for tax exemption under section 10B because the Development Commissioner had approved it as a 100% EOU rather than a SEZ unit. 3. The Kolkata Income Tax Appellate Tribunal ruled that merely using the word "agency" in an agreement does not necessarily create an agency relationship, so a company was not required to deduct taxes on payments made to overseas organizations.
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This document provides a summary of recent legal landmarks across various authorities and courts in India. It lists 6 cases covering topics like concealment penalty on a foreign company's liaison office, allowability of business expenses on commission paid by a distributor to sub-distributor, quashing of an order of revision when grounds differed from notice, income being taxable on accrual basis when following mercantile accounting, preponement of hearing not invalidating a valid transfer order when additional time was given to file submissions, and reasons for reassessment specifically indicating undisclosed material facts.
847 4 sep_2014
This document provides a summary of recent legal landmarks related to taxation in India. It lists 6 cases with details of the authority, section/rules of the Indian Income Tax Act involved, key ratio decided, case name and citation. The cases relate to topics such as interest income earned by cooperative societies being deductible, interest income of finance companies being taxable as business income, interest on non-performing assets not being taxable, appropriate benchmark for interest on loans to foreign affiliates, interest paid after business operations not being capitalized, and internal transactional net margin method not being rejected solely due to insignificant non-affiliate transactions.
845 2 sep_2014
This document provides a summary of recent legal landmarks from various authorities:
1. The Mumbai ITAT ruled that admitting undisclosed income for one year does not mean undisclosed income was earned in earlier years as well.
2. The Bombay High Court ruled that financial hardship need not be considered for a stay application if the case was against the revenue as per a Superior Forum.
3. The Delhi ITAT ruled that a fixed place permanent establishment is not established if the premises of the Indian affiliate are not at the disposal of the foreign entity.
749 13 may_2014
This document provides a summary of recent legal landmarks across various tax authorities in India. It lists 6 rulings covering topics such as:
1) The exemption on succession of a firm by a company was not allowed where partners received consideration in the form of loans instead of share capital.
2) Property occupied for business purposes but not utilized for running business would be taxed as per residential property income tax provisions.
3) Disallowance cannot be made for non-deduction of tax on payments to non-resident entities without a permanent establishment in India.
4) Reassessment was invalid where the matter was already subject to block assessment and outside the authority's jurisdiction.
5) Expenses on
748 12 may_2014
This document provides a summary of recent legal landmarks from various High Courts in India. It includes 6 cases with details of the section/rules and ratios involved. The first case from the Punjab and Haryana High Court determined that the timing of funds introduced to a company is irrelevant under section 68. The second from the Allahabad High Court upheld a reassessment notice issued within 6 years as permitted by section 149(1)(b). The third from the Gujarat High Court removed an addition made in a regular assessment that had already been deleted in appellate proceedings for the block assessment.
789 28 june_2014
The document provides a summary of recent legal landmarks across various high courts and appellate tribunals in India. It includes 6 cases covering topics such as:
1. Withdrawing an appeal on a particular issue before the tribunal is treated as no appeal on that ground.
2. A delay of 373 days in filing an appeal due to gross negligence was not accepted.
3. Payment to a group company for use of an intranet facility was considered royalty income.
4. Benefit of a tax exemption section should be extended to the entire land compensation amount awarded by courts, not just the lower amount set by acquisition officers.
5. Question of fair market value of property converted to stock is
770 6 june_2014
This document provides a summary of recent legal landmarks across various authorities and courts in India. It lists 6 cases covering topics such as deduction of advances under section 36(1)(vii), disallowance under section 14A, appropriate transfer pricing method under section 92C, deemed dividend under section 2(22), capital gains on conversion of capital asset to stock-in-trade under section 45(2), and stay of demand during an appeal under section 254. Each case provides the citation, authority or court, relevant section/rules, and ratio or key points of the ruling.
793 3 july_2014
1. The document lists recent legal landmarks from various courts and tribunals in India relating to taxation.
2. It summarizes six cases, providing the section/rules of the Income Tax Act involved, a brief description of the ratio (legal principle) decided, and the citation and subject of the case.
3. The cases addressed a range of issues including what material is needed from the assessing officer to justify a settlement demand, when a preliminary notice needs to be issued for a settlement application, when penalty can be levied for documents related to a group of companies, and whether certain types of orders and deductions are appealable.
1487 28 june 2016
1. The Mumbai ITAT ruled that the period of holding property acquired through a family arrangement would begin on the date the person became the owner, not the date of the original owner's death.
2. The Madras HC held that interest on loans by a company to sister concerns could not be disallowed as non-business expenditure where both were in the same line of business.
3. The Madras HC also ruled that an upfront payment for a 99-year leasehold could not be considered rental income for the lessor, so TDS under section 194-I did not apply.
1524 10 aug_2016
This document provides a summary of recent legal landmarks across various authorities and courts in India. It lists 6 cases covering topics like treatment of employer contributions under section 43B, consideration received for sale of computer software not being royalty, writ petitions needing to explain delays, AMP expenses not being an international transaction, usage of a second house as an office not denying section 54F relief, and rent receipts being taxable as business profits if letting out is the business of the assessee. Each case provides the authority, sections/rules discussed, ratio of the case, citation and subject matter.
1522 8 aug_2016
This document provides a summary of recent legal landmarks from various authorities:
1. The Kolkata ITAT held that only shares that yielded dividend income during the year should be considered for calculating disallowance under section 14A.
2. The Mumbai ITAT held that a company cannot exclude income simply because it does not want to claim a foreign tax credit.
3. The Kolkata ITAT held that dividend income of an Indian company was exempt if the Brazilian company that distributed the dividend had paid over 15% tax on its income before distribution.
849 6 sep_2014
This document provides a summary of recent legal landmarks in Indian tax law. It lists 6 cases from various High Courts and the Income Tax Appellate Tribunal. The cases addressed issues such as disallowance of expenses due to TDS default, reassessment of income, tax chargeability, deemed income, and tax deductibility at source for payments made abroad. The document identifies the authority, section/rules of the Income Tax Act involved, key ratio of each case, and citation details.
819 2 aug_2014
1. The Supreme Court held that TDS under section 194C applies to landing and parking charges for aircraft as it is not for use of land.
2. The Chandigarh High Court held that penalty could not be levied where only part of the tax addition was confirmed by the tribunal.
3. The Punjab and Haryana High Court held that the statutory remedy of filing an appeal was not allowed after the revision petition under section 264 was rejected.
753 17 may_2014
This document provides a summary of recent legal landmarks from various tax authorities in India. It lists 6 cases from authorities in Hyderabad, Delhi, and Mumbai. Each case listing includes the section/rules of the Indian Income Tax Act involved, a brief summary of the ratio or legal principle established, and the name of the assessed party. The cases addressed issues relating to transfer pricing comparables, extension of stay of demand, application software expenditures, and commission payments subject to tax deduction at source.
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本公司拥有海外各大学样板无数，能完美还原。
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1496 8 july_2016
- 1. VOLUME NO.: LLAT/1496 OF 2016-17 DATE: 8 July 2016 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dear Client, We have pleasure in listing below some of the recent legal landmarks. SrNo Authority Section/Rules RATIO(S) Citation /Subject CASE(NAME OF ASSESSEE) 1.1 SC 158BE(2) ITA Stay period of special audit is excluded while computing time-limit to complete block assessment. 1.2 68TM368 Search Assessment VLS Finance Ltd. 2.1 GUJ HC 10B ITA Since Development Commissioner SEZ; had granted approval to A as a 100 per cent EOU and not as a SEZ unit; claim under section 10B deserved to be allowed. 2.2 68TM379 Exemption Zealous Web Technologies 3.1 KOL ITAT 194C ITA Merely because word agency was used in agreement did not mean that there existed relationship of agency. Therefore; A was not required to deduct TDS payment made to overseas organizations. 3.2 68TM384 TDS Balmer Lawrie & Co. Ltd 4.1 DEL ITAT 48, 112(1) ITA Even though Non-Resident took benefit of first proviso to S 48; benefit of proviso to S 112(1) couldn’t be denied. 4.2 68TM386 Capital gains Mitsubishi Motors Corporation 5.1 MAD HC 28(iv) ITA When a portion of the loan is waived; the total amount of loan shown on the liabilities side of the balance sheet is reduced and the amount shown as Capital Reserves; is increased to the extent of waiver. Alternatively; the amount representing the wa 5.2 ITA No 278_2014 Business income Ramaniyam Homes P Ltd 6.1 BOM HC 147, 148 ITA Where A responds to section 142(1)/ 143(2) notices; it means that he has submitted to the AOs jurisdiction and is estopped for filing a Writ Petition to challenge the same. 6.2 WP No 787_2016 Reassessment Amaya Infrastructure Pvt. Ltd