Tag: 326 ITR

Kerala H.C : the Tribunal was justified in confirming the order of the first appellate authority in accepting the income returned by the assessee and books of account produced in support thereof

High Court Of Kerala CIT vs. T.M. Kuruvilla C.N. Ramachandran Nair & V.K. Mohanan, JJ. IT Appeal No. 1259 of 2009 3rd December, 2010 Counsel appeared : P.K.R. Menon & Jose Joseph, for the Appellant : A. Kumar, for the Respondent JUDGMENT Ramachandran Nair, J. : Heard the standing counsel appearing for the appellant and Sri …

S.C : Searches were conducted at the premises of the group under s.132(1) of the Act and voluminous books of account, loose papers and other documents were seized during the second search

Supreme Court Of India Ajmera Housing Corporation & Anr. Etc. Etc. vs. CIT Section 245C, 245D Asst. Year 1989-90, 1990-91, 1991-92, 1992-93, 1993-94 D.K. Jain & H.L. Dattu, JJ. Civil Appeal Nos. 6827 to 6848 of 2010 20th August, 2010 Counsel appeared : Dr. A.M. Singhvi & P.H. Parekh with Sameer Parekh, Carmichael Martin, Ms. Pallavi …

AAR : Whether the consideration received/receivable by Joint Accreditation System of Australia and New Zealand (applicant) from the Conformity Assessment Bodies (CABs) can be classified as ‘fees for technical services’ as defined under s. 9(1)(vii) of the IT Act, 1961 (‘Act’)

Authority For Advance Rulings Joint Accreditation System Of Australia And New Zealand, IN RE Section 9(1)(vii), 90, DTAA between India & Australia, Art. 7.1, DTAA between India & Australia, Art. 12.3 P.V. Reddi, J., Chairman; J. Khosla & V.K. Shridhar, Members AAR No. 838 of 2009 6th August, 2010 Counsel appeared : A.J. Majumdar, Satish Aggarwal, …

AAR : Whether the payments made by the applicant to AXA ARC for various services under the terms of the service agreement is in the nature of ‘fees for technical services’ within the meaning of the term in art. 12 of the ‘Convention between the Government of Republic of India and the Government of Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income’ (“the India-Singapore tax treaty)

Authority For Advance Rulings Bharati AXA General Insurance Co. Ltd., IN RE DTAA between India & Singapore, arts. 12.3 & 12.4;  Section 90 AAR No. 845 of 2009 P.V. Reddi, J., Chairman; J. Khosla & V.K. Shridhar, Members 6th August, 2010 Counsel appeared : Rajan Vora, Anil Lukose & Manoneet Dalal, for the Applicant : Ms. …

AAR H.C : Whether sum paid by the applicant to the vessel providing companies (‘VPC’) under global usage Bareboat Charter Agreements (‘BBC agreements’) could be said to accrue or arise or deemed to accrue or arise in India under the provisions of the IT Act, 1961 (‘Act’) and therefore subject to withholding tax in India ?

Authority For Advance Rulings Seabird Exploration FZ, LLC, IN RE Section 5(2), 9(1)(i), 9(1)(vi), 44BB P.V. Reddi, J., Chairman; J. Khosla & V.K. Shridhar, Members AAR No. 829 of 2009 23rd July, 2010 Counsel appeared : N. Venkataraman with Achin Goel, Taranpreet Singh, Hitesh Jain & Sanjay Aggarwal, for the Applicant : S.M.J. Abidi, for the …

AAR : Whether on the facts and circumstances of the case, the investment held by Praxair Pacific Ltd. (hereinafter referred to as the “applicant”), in equity shares of Jindal Praxair Oxygen Company (P) Ltd. (“JPOCPL”) would be considered as “capital asset” under s. 2(14) of the IT Act, 1961 (“the Act”) ?

Authority For Advance Rulings Praxair Pacific Ltd., In Re Section 2(14), 45, 47(iv), 92, 115JB, DTAA between India & Mauritius, Art. 13 P.V. Reddi, J., Chairman; V.K. Shridhar, Member AAR No. 855 of 2009 23rd July, 2010 Counsel appeared : Rajan Vora & Manmeet Dalal, for the Applicant : Ms. Meera Srivastava & Pankaj Kumar, for …

AAR : Whether pre-payment premium to repay the long-term loan before its maturity received by the applicant is income from long-term finance for the purpose of deduction under s. 36(1)(viii) ?

Authority For Advance Rulings Rural Electrification Corporation Ltd., IN RE Section 36(1)(viii) P.V. Reddi, J., Chairman; J. Khosla & V.K. Shridhar, Members AAR No. 841 of 2009 23rd July, 2010 Counsel appeared : Pradeep Dinodia, R.K. Kapoor, Gagan Goyal, S. Murlidharan & Rakesh Sareen, for the Applicant : None, for the CIT concerned RULING P.V. Reddi, …

AAR : Whether the provisions of s. 115JB of the Act relating to payment of minimum alternative tax (‘MAT’) are applicable only to domestic Indian companies ?

Authority For Advance Rulings Timken Company, In Re Section 2(17), 10(38) 115JB, COMP 591, COMP 594 P.V. Reddi, J., Chairman; J. Khosla & V.K. Shridhar, Members AAR No. 836 of 2009 23rd July, 2010 Counsel appeared : Percy Pardiwalla with Rajan Vora, K.T. Chandy, Chavali Narayan, Ms. Preeti Goel & Sridharan R., for the Applicant : …
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