IT/ILT: Companies engaged in product engineering services or in KPO services having huge revenues from software products or in sale of software licenses or having extraordinary events which affected their performance could not be comparable to assessee a software development services company for purpose of TP study
Tuesday, 3 November 2015
Govt. has notified interest rate of 2.25% and 2.50% under Gold Monetization Scheme: RBI to banks
IT/BANKING : Gold Monetisation Scheme, 2015 – Interest Rate
No credit available for duty paid through DEPB Scrips, rules Madras HC
Cenvat Credit : Where DEBP scheme specifically barred taking of credit of CVD not paid in cash, assessee cannot take credit of CVD paid by debit to DEPB scrip
Payment of hoarding charges are liable to sec. 194C TDS and not sec. 194-I TDS
IT : Where assessee, engaged in business of advertising and marketing communication services, availed services of creative consultants, it was required to deduct tax at source under section 194J while making payments to them
SLP granted against HC's decision that Indian-subsidiary of E-Fund couldn't be treated as PE in Indi
IT/ILT : SLP granted against High Court's ruling that where an assessee does not have any branch office or factory or workshop in India and merely because it has a subsidiary in India that by itself does not create a fixed place of business/location PE within meaning of article 5, paragraph 2, sub-clauses (b) to(k) of India-US DTAA
Credit of EC and SHEC can be used to pay service tax: CBEC
ST/INDIAN ACTS & RULES : Cenvat Credit (Fifth Amendment) Rules, 2015 – Amendment in Rule 3
CIT(A) has to submit additional evidence to AO even if it is nature of clinching evidence
IT : Even if additional evidence produced by assessee are in nature of clinching evidence leaving no further room for any doubt or controversy, Commissioner (Appeals) is under statutory obligation to put additional material/evidence taken on record by him to Assessing Officer
SIT asks MCA to take action against persons holding directorship in more 20 companies
COMPANIES ACT, 2013 : Special Investigation Team (Sit) Calls For, among Others, Greater Vigilance by Law Enforcement and Intelligence Agencies in Cases of Persons Holding Directorship in More Than 20 Companies
Trust need not file any Form for accumulation of income upto 15% of receipts
IT: Assessee is entitled to flat deduction without any condition or formality of filing Form No. 10, if income is accumulated or set apart for application of objects of trust in India, to extent to which income so accumulated or set apart does not exceed 15 per cent of income
Co. rendering marketing support services can't be a comparable for co. providing agency services
IT/ILT : For a company rendering marketing support services for mineral processing equipment, a company providing agency service in metals and fertilizers or trading in chemical or engaged in air ticketing and selling holiday package or publishing newspaper, could not be comparable; company having more than 15 per cent related party transactions could also not be accepted as comparable
Trust entitled to sec. 11 relief on conducting trade fair outside India as Govt. grant was given for
IT: Where in support of its claim for exemption under section 11, assessee brought on record grant sanctioned letter of Ministry of Commerce and Industry showing that said amount of grant had to be spent outside India for some specific purposes such as trade fairs etc., matter was to be remanded back for reconsideration of assessee's claim
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