837 25 aug_2014
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This document provides a summary of recent legal landmarks from various tax authorities in India. It lists 6 cases from different High Courts and Income Tax Appellate Tribunals across the country. For each case, it provides the authority, relevant section/rules, ratio or key consideration from the ruling, case name and citation. The rulings addressed issues related to attribution of income to permanent establishments, penalty levied, adoption of transfer pricing methodology, working capital adjustments in transfer pricing assessments, tax deducted at source on export commission payments, and taxation of additional compensation received for compulsory asset acquisition.
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This document provides a summary of recent legal landmarks in various tax cases:
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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.
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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 like deduction under section 80-IB, block assessment, penalty for non-filing of audit form, computation of capital gains, deduction for feasibility study expenditure, and tax collection at source on sale of imported goods.
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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.
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3. The Cochin ITAT ruled that mere proximity of land to a highway does not change the agricultural nature of the land, and appreciation in land value alone cannot be used to determine if the land is not agricultural.
851 8 sep_2014
This document provides a summary of recent legal landmarks across various high courts in India. It lists 6 cases from courts in Cuttack, Allahabad, Gujarat, Madras, and Bombay. The cases addressed penalties for delayed TDS returns, whether petty cash from relatives constitutes unexplained income, taxability of premiums received by a housing society, capital gains tax on shares held for investment, genuineness of business loans, and interest on refund of self-assessment tax. Each case includes the authority, section/rules discussed, ratio or key finding, and citation details.
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.
853 10 sep_2014
This document provides a summary of recent legal landmarks related to taxation. It lists 6 cases with details of the authority, section/rules involved, ratios, and citations. The cases addressed issues such as whether seized gifts could be considered unexplained income without incriminating material, whether a society could claim tax exemption under a section after an earlier exemption notification was repealed, and whether tax paid by an associated enterprise on behalf of another entity could be treated as deemed dividend if the other entity was not a shareholder in the associated enterprise.
809 22 july_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 discussed, ratio or key consideration of the case, and citation and name of the assessee involved. Some of the rulings summarized include that reassessment for recharacterizing business advances as capital receipts was not allowed if originally assessed differently, amounts spent on railway construction for project access were revenue expenses, and depreciation of 60% was allowed for chlorine tonners as they are gas cylinders.
826 11 aug_2014
This document provides a summary of recent legal landmarks across various authorities and courts in India. It lists 6 rulings covering topics such as whether rental income from a godown on agricultural land constitutes agricultural income, whether service tax reimbursements should be excluded from gross receipts for presumptive income, and whether partners are liable to pay taxes on profits received from a firm that include exempted income. Each ruling summarized includes the authority, section/rules of relevant law, ratio or key consideration of the ruling, and citation and subject details.
827 12 aug_2014
This document provides a summary of recent legal landmarks in India. It lists 6 cases from various High Courts and their key rulings. The cases addressed issues such as what constitutes a permanent establishment for tax purposes, the powers of tax officials to issue notices, whether income from hoardings is taxable, allowability of unused input tax credits, requirements for charitable trust registration, and treatment of government security premiums paid by banks.
1496 8 july_2016
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.
854 11 sep_2014
This document provides a summary of recent legal landmarks related to taxation. It lists 6 cases from various High Courts and Tax Appellate Tribunals across India. For each case, it provides the authority, relevant section/rules of the Income Tax Act, a brief ratio or principle from the case, and case name and citation. The cases addressed a range of tax issues like what expenses need to be added to income, application of transfer pricing methods, comparable filters for transfer pricing adjustments, interest rates on loans to foreign affiliates, and questioning of payments to related parties.
1481 21 june 2016
This document provides a summary of recent legal landmarks from various tax authorities in India. It lists 6 cases from different High Courts and Income Tax Appellate Tribunals (ITATs) across India. The cases pertained to topics like transfer pricing adjustments, penalty for transfer pricing additions, selection of comparable companies for transfer pricing analysis, tax treatment of consideration paid to original promoter, need for segmental profit analysis in transfer pricing cases, and taxability of anonymous donations. For each case, the document mentions the authority, relevant section/rule, ratio or key consideration of the ruling, and case name.
1491 2 july_2016
The document provides a summary of recent legal landmarks in India across various high courts and appellate tribunals. It lists 6 cases covering topics such as attachment of bank accounts, consistency in accounting methods, imposition of penalties, special economic zone exemptions, treatment of stock valuation losses, and appeals related to tax withholding orders. For each case, it provides the authority, relevant section/rule, ratio or key consideration from the ruling, and case name.
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.
850 7 sep_2014
This document lists recent legal landmarks from various tax authorities in India. It includes 6 cases covering topics like:
1. No TDS required on export commission paid to a non-resident agent for services performed abroad without a permanent establishment in India.
2. No transfer pricing adjustment needed for interest-free loans converted to equity shares between associated enterprises.
3. No transfer pricing adjustment warranted for imports if the proportion of certification of import values was high for transactions with associated enterprises.
798 9 july_2014
This document lists recent legal landmarks from various tax authorities in India. It includes 6 cases:
1. A Delhi High Court case found that payments made by a race club for live telecasts of horse races were not considered royalty and thus no TDS was required.
2. A Karnataka High Court case determined that an accounting system rejected in a subsequent year cannot be grounds for reopening a concluded tax assessment.
3. A Bombay High Court case ruled that if a taxpayer has already paid full tax and some penalty, a tribunal should not require further deposit for a stay.
4. An Amritsar ITAT case found that if notices under sections 142(1) and 143(2
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.
829 14 aug_2014
1. The document lists recent legal landmarks from various tax authorities and courts.
2. It summarizes six cases, providing the section/rules considered, key ratio or principle from the ruling, citation details and case name.
3. The cases addressed issues like the validity of a scrutiny assessment, determining the arm's length price of royalty payments, treatment of forex losses in computing arm's length price, the taxability of income from letting out office space, restrictions on property transfers, and the deductibility of interest expenses.
782 20 june_2014
This document provides a summary of recent legal landmarks related to taxation in India. It lists 6 cases from various High Courts and Income Tax Appellate Tribunals across India. For each case, it provides the authority, relevant section/rules, ratio/principle of the ruling, citation details, and name of the assessee involved. The rulings addressed issues like the applicability of stamp duty value for capital gains, deductions for scientific research expenditures, depreciation eligibility for licensees, time barring of block assessments, allowability of leave encashment on payment basis, and collection/recovery of penalty amounts in search related cases.
848 5 sep_2014
The document lists recent legal landmarks from various courts in India relating to taxation law:
1. A joint venture was not taxable as an association of persons as it was only formed to secure a contract and the work was split between the partners.
2. A loan received from a minor son was treated as unexplained income as the assessee failed to explain the source of the loan.
3. No capital gains tax arose from the sale of land owned jointly as it was not considered a capital asset for the other co-owners.
766 2 june_2014
This document provides a summary of recent legal landmarks across various courts and tribunals in India. It includes 6 cases covering topics such as:
1) Liability of a director of a public company also being director of a private company.
2) Retrospective tax amendments not applicable for payments made before the amendment came into effect.
3) Interest on a housing loan disallowed due to maximum limit cannot be set off against other interest income.
4) No addition for amounts received as shared portfolio tracking fees from agents.
5) Comparable companies cannot be excluded from transfer pricing analysis just because included previously.
6) Interest is payable on tax dues of non-res
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Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
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一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
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◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
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1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
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837 25 aug_2014
- 1. VOLUME NO.: LLAT/837 OF 2016-17 DATE: 25 August 2014 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 HYD ITAT 271(1)(c) ITA Income from offshore supply of cables couldnt be attributed to PE of NR in India. 1.2 48TM331 Penalty Prysmian Cavi e Sistemi SRL 2.1 HYD ITAT 68 ITA Exp. disallowed by TPO while computing ALP couldnt be considered for determining operating margin as well 2.2 48TM080 Cash Credit TNS India (P.) Ltd 3.1 BANG ITAT 92B ITA ITAT directs AO to adopt TNMM on royalty paid to AE by following order passed in earlier assessment year 3.2 52TM448 TP Toyota Kirloskar Auto Parts (P.) Ltd. 4.1 DEL ITAT 158 ITA TP adjustment set aside while making working capital adjustment as data of assessee-co. wasnt analysed by TPO 4.2 46TM232 Assessment Verifone Sales India (P.) Ltd 5.1 CHEN ITAT 2(15) ITA Payment of export commission for services rendered outside India couldnt be deemed as FTS to attract TDS 5.2 47TM133 Cap. Gain T. Abdul Wahid Tanneries (P.) Ltd 6.1 DEL HC 11 ITA Receipt of additional compensation on compulsory acquisition of capital assets is to be taxed in year of receipt 6.2 49TM120 Ch.Trust Sharda Kochhar