Month: May 2018

Delhi H.C : Service of notice at the factory premises of the Assessee on the security guard was not proper service under the provisions of Section 282(2) of the Income Tax Act, 1961

High Court Of Delhi CIT vs. Sudev Industries Limited Section 260A, 282(2), 148, 147 Asst. Year 1995-96 Sanjiv Khanna & Chander Shekhar, JJ. Income Tax Appeal No. 805/2005 31st May, 2018 Counsel Appeared: Lakshmi Gurung & Asheesh Jain, Sr. Standing Counsel for the Petitioner.: Dr. Rakesh Gupta, Somil Agarwal, Monika Ghai & Rohit Kumar Gupta, Advocates …

AAR : Based on the nature of business support/ marketing support activities proposed to be undertaken by the Indian affiliate entity viz. Aramco Asia India Private Limited (hereinafter “Aramco India”), as listed in the Statement of relevant facts (Annexure III), would Aramco India create a Permanent Establishment (“PE”) for the Applicant in India under Article 5 of Double Taxation Avoidance Agreement between India and Kingdom of Saudi Arabia (hereinafter “India-Saudi Arabia DTAA”), where such activities of Aramco India are duly compensated on an Arm’s Length basis in accordance with the Indian transfer pricing laws and regulations

Authority Of Advance Rulings Saudi Arabian Oil Company In Re Section 245Q(1), 9(1)(b) R S Shukla, In-Charge Chairman & Ashutosh Chandra, Member (Revenue) AAR No. 25 of 2016 31st May, 2018 Counsel appeared: S. Ganesh, Sr. Advocate Shatanik Chakraborty, Advocate Akhil Sambhar, CA Mr. Vinay Aggarwal, CA for the Applicant.: Kavita Pandey, CIT (DR) Sanjay Pandey, …

Kerala H.C : The claim for deduction made in the return is disallowed, whether the assessee is entitled to make an alternate plea by way of mere submission before the Assessing Officer, especially when the statute interdicts even a revision, as per Sub-section (5) of Section 139, after one year from the relevant assessment year or completion of ass ssment, whichever is earlier

High Court Of Kerala CIT vs. Malayala Manorama Co. Ltd. Section 37, 80G, 80G(2), 80G(2)(a)(iv), 80G(5), 139(5) Asst. Year 2004-05 K. Vinod Chandran & Ashok Menon, JJ. ITA.No. 96 of 2010 30th May, 2018 Counsel Appeared: Jose Joseph, SC for the Income Tax.: P. Benny Thomas, P. Gopinath, K. John Mathai, E.K. Nandakumar for the Respondent. …

Karnataka H.C : The Commissioner of Income Tax is not justified in exercising power under Section 263 of the Act and deleting the entire additions even when the ingredients of Section 263 of the Act are satisfied in case of assessee and CIT had brought on record that assessing authority’s order was erroneous and prejudicial to interest of Revenue and as such the CIT rightly directed the assessing authority to make additions considering the materials on record which were not considered at time of assessment

High Court Of Karnataka Pr.CIT And Another vs. H. Nagaraja Section 260A Asst. Year 2008-09 & 2009-10 B.S.Patil & S.Sunil Dutt Yadav, JJ. I.T.A.No.604 & 605 of 2017 29th May, 2018 Counsel Appeared: K.V. Aravind, Adv., for the Appellant. : Vani H., Adv. for the Respondent. JUDGMENT: These appeals are filed under Section 260A of the …

AAR : Payments received by the Applicant from the Indian hotel owner for provision of global reservation services (‘GRS’) would be chargeable to tax in India as ‘Fees for Technical Services’or ‘Royalty’under the provisions of section 9(1)(vi) / 9(1)(vii) of the Income tax Act, 1961 (“the Act”) read with provisions of Article 12 of the Double Taxation Avoidance Agreement between India and Luxembourg

Authority Of Advance Rulings FRS Hotel Group (Lux) S.A.R.L. In Re Section 245Q(1), 9(1)(vi), 10.2 R.S. Shukla, In-Charge Chairman & Ashutosh Chandra, Member (Revenue) AAR No 1010 of 2010 24th May, 2018 Counsel Appeared: Nageswar Rao, Advocate Purushottam Anand, Adv. Akanksha Gupta, CA for the Applicant.: G.C. Srivastava, Advocate Kavita Pandey, CIT (DR), AAR Sukh Sagar …

AAR : The representative/liaison office (LO) proposed to be established by IZA in India would be liable to income-tax in India under the provisions of the Act or the provisions of Double Taxation Avoidance agreement between India and Belgium (‘India -Belgium DTAA’’)

Authority Of Advance Rulings International Zinc Association In Re Section 245Q(1), 28(iii), 2(24)(iii) R.S. Shukla, In-Chargechairman & Ashutosh Chandra, Member (Revenue) AAR No 1319 of 2012 24th May, 2018 Counsel Appeared: S P Singh, AR RishabhAgarwal, AR KeshavAgarwal, AR AmitPahwa, AR for the Applicant.: KavitaPandey, CIT (DR) VijayendraR, ACIT (DR) for the Department ASHUTOSH CHANDRA, MEMBER …

S.C : The petitioner was not entitled to deduction under Section 80-IC of the Act by virtue of provision sub-section (6), when the same was not even applicable to the petitioner

Supreme Court Of India Mahabir Industries vs. Pr.CIT A. K. Sikri & Ashok Bhushan, JJ. Section 80-IA, 80-IC, 80-IB Asst. Year 1998-99 & 1999-2000 Civil Appeal No(S). 4765-4766 OF 2018, 4767 OF 2018 18th May, 2018 Counsel Appeared: Textile Machinery Corporation Limited, Calcutta v. The Commissioner of Income Tax, West Bengal, Calcutta, (1977) 2 SCC 368 …

Uttarakhand H.C : Application seeking condonation of delay of 653 days by way of abundant caution so that, in case if the court finds that there is delay in filing the appeal, an order may be passed condoning the delay.

High Court Of Uttarakhand Director Of Income Tax (International Taxation) vs. Hyundai Heavy Industries Co. Ltd. Section 260A, 147 Asst. Year 1997-98 K. M. Joseph, CJ & Sharad Kumar Sharma, J. Income Tax Appeal No. 30 of 2011 With Delay Condonation Application No. 3188 of 2018 17th May, 2018 Counsel appeared: Hari Mohan Bhatia, Advocate for …

Punjab & Haryana H.C : The Hon’ble ITAT is right in granting approval u/s 80G of the Act to the as essee, ignoring the fact that the pooja expenses incurred by the assessee were in violation of section 80G(5B) of the Income Tax Act, 1961

High Court Of Punjab & Haryana CIT (Exemption) vs. Sant Girdhar Anand Parmhans Sant Ashram Section 12AA, 80G, 80G(5)(vi) Asst. Year 2009-10, 2010-11, 2011-12, 2012-13, 2013-14 & 2014-15 Ajay Kumar Mittal, Acj & Tejinder Singh Dhindsa, J. ITA No. 50 of 2018 16th May, 2018 Counsel appeared: Denesh Goyal, SSC for the Assessee.: Denesh Goyal, SSC …
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