322 ITR – taxcaselaw.com

S.C : There would be no question of inviting the penalty under s. 271(1)(c)

Supreme Court Of India CIT vs. Reliance Petroproducts (P) Ltd. Section 271(1)(c) Asst. Year 2001-02 V.S. Sirpurkar & Dr. Mukundakam Sharma, JJ. Civil Appeal No. 2463 of 2010 17th March, 2010 Counsel Appeared : B. Bhattacharya with Arijit Prasad & Varun Sarin for B.V. Balaram Das, for the Appellant : Santosh Agarwal & R. Chandrachud for …

AAR : Whether pursuant to the cost contribution agreement proposed to be entered by the applicant with ABB Research Ltd., Zurich (“ABB Zurich”), the payments to be made to ABB Zurich, representing the applicant’s share of the costs incurred towards basic research and development (“R&D”) activities, constitutes “income” in the hands of ABB Zurich within the meaning of the term in s. 2(24)

Authority For Advance Rulings ABB Ltd., IN RE Section 9(1)(vi), 195, DTAA between India & Switzerland, art. 7, DTAA between India & Switzerland, art. 12, P.V. Reddi, J., Chairman; J. Khosla, Member AAR No. 834 of 2009 15th March, 2010 Counsel appeared : Percy Pardiwalla with Ms. Vasanti Patel, K.J. Sheth & Anil Lukose, for the …

S.C : Whether on the facts and circumstances of the case, the additional liability arising on account of fluctuations in the rate of exchange in respect of loans taken for revenue purposes could be allowed as deduction under s. 37(1) of the IT, Act, 1961 (for short ‘the Act’) in the year of fluctuation in the rate of exchange or whether the same is allowable only in the year of repayment of such loans ?

Supreme Court Of India Oil & Natural Gas Corpn. Ltd. vs. CIT Section 37(1), 43A Asst. Year 1991-92, 1992-93, 1993-94, 1994-95, 1997-98 D.K. Jain & T.S. Thakur, JJ. Civil Appeal Nos. 7223 to 7225, 7228, 7229 & 7231 of 2008 15th March, 2010 Counsel Appeared : S. Ganesh with Ms. Ruchi Gaur Narula, Ms. Shweta Mishra …

Madras H.C : The assessee and the similarly placed employees have to seek help from the employer to get the refund along with interest.

High Court Of Madras Smt. Ramaa Sivaram vs. Chief Commissioner Of Income Tax & Anr. Section 237, 240 Mrs. Chitra Venkataraman, J. Writ Petn. No. 2504 of 2010 12th March, 2010 Counsel Appeared : K. Soundararajan, for the Petitioner : Patti B. Jegannathan, for the Respondents JUDGMENT Mrs. Chitra Venkataraman, J. : The petitioner has sought …

AAR : Whether AramCo Overseas Company BV (‘applicant’) will be taxable in India, in respect of support services rendered by its Indian office for purchases made by the applicant and its group company, in light of the provisions of the IT Act, 1961

Authority For Advance Rulings Aramco Overseas Company Bv, In Re Section 5(2), 9(1)(i), Expln. 1(b) P.V. Reddi, J., Chairman; J. Khosla, Member AAR No. 825 of 2009 12th March, 2010 Counsel Appeared : N. Venkataraman with Achin Goel, Akhil Sanbhar, Gaurav Singhal & Gaurav Gupta, for the Applicant : Ashish Kumar, for the CIT concerned Ruling …

AAR : Whether on the stated facts and in law the income derived by Master & Commander AS (M&C) ought to be computed in accordance with the computational mechanism under s. 44BB of the Act ?

Authority For Advance Rulings Wavefield Inseis Asa, In Re Section 9(1)(vii), 44BB, 44DA, 115A P.V. Reddi, J., Chairman; J. Khosla, Member AAR No. 844 of 2009 5th March, 2010 Counsel Appeared : P.J. Pardiwala with Rahul Patni, Sanjay Agarwal & Tarampreet Singh, for the Applicant : SMJ Abidi, for the CIT concerned Ruling p.v. reddi, j., …

AAR : Whether the payments received by the applicant for the proposed recruitment services and referral services from the Indian clients is liable to tax withholding under s. 195 of the IT Act, 1961 read with DTAA between India and UK ?

Authority For Advance Rulings Real Resourcing Ltd., In Re Section 90, DTAA between India & UK, art. 5, DTAA between India & UK, art. 7, DTAA between India & UK, art. 13, P.V. Reddi, J., Chairman; J. Khosla, Member AAR No. 828 of 2009 5th March, 2010 Counsel Appeared : None, for the Applicant : None, …

S.C : The assessee filed an appeal(s) before the Gujarat High Court inter alia challenging the capitalization of the roll over charges paid in respect of foreign currency

Supreme Court Of India Assistant Commissioner Of Income Tax vs. Elecon Engineering Co. Ltd. Section 36(1)(iii), 37(1), 43A Asst. Year 1986-87 S.H. Kapadia & H.L. Dattu, JJ. Civil Appeal Nos. 2057 to 2065 of 2010 26th February, 2010 Counsel Appeared : Parag P. Tripathi with Kunal Bahri, H. Raghavendra Rao, Ms. Sunita Rani Singh & B.V. …

AAR : Whether the applicant in the stated facts and circumstances, would have a PE in India under art. 5(1) or 5(8) of the India-Singapore Double Taxation Avoidance Agreement (“India-Singapore DTAA” or “treaty”) in relation to the activity of delivering goods through a customs bonded warehouse owned and operated by an ISP in India ?

Authority For Advance Rulings Seagate Singapore International Headquarters (P) Ltd., In Re Section 90, DTAA between India & Singapore, Art. 5, DTAA between India & Singapore, Art. 7 P.V. Reddi, J., Chairman; J. Khosla, Member AAR No. 831 of 2009 25th February, 2010 Counsel Appeared : Mukesh Butani, A. Jain, Abhay Sharma, Mohit Agarwal & Ankita …

AAR : Whether the amounts received/receivable by Joint Stock Company Foreign Economic Association “Technopromexport” (‘applicant’ or ‘JSC Technopromexport’) from National Thermal Power Corporation Ltd. (‘NTPC’) under Contract No. CS9558-102-2-FC-COA-4520 dt. 25th March 2005 (‘offshore supply contract No. 4520’), for offshore supply of all plant and equipment including mandatory spares are liable to tax in India under the provisions of the IT Act, 1961 (Act) and the Agreement for Avoidance of Double Taxation between India and Russia (‘India-Russia tax treaty’)

Authority For Advance Rulings Joint Stock Company Foreign Economic Association “TECHNOPROMEXPORT”, In Re Section 9, 90, DTAA between India & Russia, Art. 5, DTAA between India & Russia, Art. 7 P.V. Reddi, J., Chairman; J. Khosla, Member AAR No. 827 of 2009 25th February, 2010 Counsel Appeared : N. Venkatraman with Satish Aggarwal, Akhil Sambhar, Vikrant …

Tag: 322 ITR