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Receipt of sum from a foreign company engaged in exploration and production of oil in oil fields of India and claiming the same to be reimbursement of actual cost without being able to establish one to one nexus between services rendered and alleged reimbursement would entail assessee’s receipts to be taxed under section 44BB

Tenet Tax Daily June 17 2015

Posted onon June 19, 2015
  • Corporate Tax
  • International Tax

Reimbursement of debtor collection charges to US based by assessee who had made direct payment to payee would not fall within ambit of ‘fee for technical services’ and assessee was not required to deduct tax at source while making payment in question

Tenet Tax Daily June 16 2015

Posted onon June 19, 2015
  • Corporate Tax
  • International Tax

Amount received towards supply of software embedded in hardware did not amount to ‘royalty’ under section 9(1)(vi)

Tenet Tax Daily June 15 2015

Posted onon June 19, 2015
  • Corporate Tax

High Court critical of ITAT for passing order on basis of docs and evidences not presented before AO or CIT(A)

Tenet Tax Daily June 13 2015

Posted onon June 19, 2015
  • Corporate Tax
  • International Tax

CIT(A) gets flak from ITAT for holding that assessee didn’t have PE in India as per DTAA without giving reasons

Tenet Tax Daily June 12 2015

Posted onon June 17, 2015
  • Corporate Tax

Assessment in name of amalgamating co. was invalid as it ceased to exist after amalgamation

Tenet Tax Daily June 11 2015

Posted onon June 17, 2015
  • Corporate Tax

Sum incurred towards leasehold improvements in a rented premise is a revenue exp.

Tenet Tax Daily June 10 2015

Posted onon June 17, 2015
  • Corporate Tax

Cash expense incurred by Actor in excess of Rs. 20,000 on travelling, costumes and makeup was allowable; High Court

Tenet Tax Daily June 08 2015

Posted onon June 17, 2015
  • Corporate Tax

No TDS on sum paid to foreign agent for rendering services outside India if it didn’t have any PE in India

Tenet Tax Daily June 06 2015

Posted onon June 17, 2015
  • Corporate Tax

Sum Received in lieu of relinquishment of right to sue ‘Coca-Cola’ was capital receipt: ITAT

Tenet Tax Daily June 04 2015

Posted onon June 17, 2015
  • Corporate Tax

No penalty on declaration of income pursuant to search if source of income was substantiated and tax was paid thereon

Tenet Tax Daily June 02 2015

Posted onon June 17, 2015
  • Corporate Tax

Depreciation available on machinery even if it is installed for trial run and not for production of goods

Tenet Tax Daily May 30 2015

Posted onon June 17, 2015
  • Corporate Tax

Depreciation available on machinery even if it is installed for trial run and not for production of goods

Tenet Tax Daily May 30 2015

Posted onon May 29, 2015
  • Corporate Tax

No disallowance if TDS is deposited before due date of filing return; amendment to sec. 40(a)(ia) has retro-effect

Tenet Tax Daily May 29 2015

Posted onon May 29, 2015
  • Corporate Tax

Bank couldn’t defer deduction of tax and wait for lower TDS certificate from depositor; held as assessee-in-default

Tenet Tax Daily May 28 2015

Posted onon May 29, 2015
  • Corporate Tax
  • International Tax

Payment made for import of hardware couldn’t be taxable as royalty

Tenet Tax Daily May 26 2015

Posted onon May 27, 2015
  • Corporate Tax
  • International Tax

ITAT directs admission of additional evidence by assessee to prove that its liaison office in India wasn’t its PE

Tenet Tax Daily May 25 2015

Posted onon May 27, 2015
  • Corporate Tax
  • International Tax

Non-furnishing of PAN by NR doesn’t attract higher TDS rate of 20% u/s 206AA if tax rate under DTAA is beneficial

Tenet Tax Daily May 23 2015

Posted onon May 25, 2015

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