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2020 (12) TMI 777 - ITAT BANGALORE Revision u/s 254 - HELD THAT:- It is a case, where the Tribunal has disposed of the grounds in a particular manner. We are of the view they cannot be interfered with u/s 254(2). In clause (vi) of the miscellaneous application, it is stated that Tribunal has not decided about one comparable company named M/s South India Surgical Limited. Assessee has not raised any ground before the Tribunal with regard to comparable company. It is only stated that the assessee has argued before the Tribunal on t... ... ...
2009 (1) TMI 490 - HIGH COURT OF KARNATAKA Reduction of paid-up equity share capital and securities premium account - Held that:- As the action of the company is approved in the general meeting of the shareholders and no one has opposed the said action, hence, the resolution passed by the company is for the benefit of the company, its shareholders and creditors and is not contrary to law. Reduction of the securities premium account and paid-up equity share capital of the petitioner-company allowed.... ... ...
2016 (8) TMI 204 - ITAT BANGALORE Transfer pricing adjustment - MAM - TNMM v/s RPM - Held that:- We find that there is a substance in the reasons assigned by the TPO while rejecting the resale price method and particularly in view of the fact that the assessee has incurred huge expenditure on account of sale and distribution as well as sales promotion. The assessee has carried out the trading activity only in the goods imported from the AE and such expenditure incurred by the assessee it is not found in the comparable cases woul... ... ...
2018 (1) TMI 959 - CESTAT MUMBAI (LB) Classification of goods - Optical Fibre Cables (OFC) - Whether OFC imported by Vodafone Group of Companies and used in Telecommunication are classifiable under Customs Tariff Heading 8544 and eligible for exemption under N/N. 20/2005 dated 01/03/2005 or they would fall under Customs Tariff Heading 9001 leviable to basic Customs Duty at 10% under N/N. 21/2002-Cus dated 01/03/2002? - The entire argument of the appellant hinges on their claim that the Dual Acrylic Coating amounts to sheathing of fi... ... ...
Indo American Chamber of Commerce - Detailed Pre-Budget Memorandum on Direct Taxes for 2015-16 The Indo American Chamber of Commerce has submitted a pre-budget memorandum for the 2015-16 budget, highlighting concerns about high corporate tax rates, surcharges, and dividend distribution taxes, which they argue are detrimental to business operations and investor sentiment in India. They recommend reducing the corporate tax rate to 25% and removing surcharges and education cess. For individual taxpayers, they suggest raising the income level for the peak tax rate and revising tax slabs. The memorandum also addresses issues related to Employee Stock Option Plans, superannuation funds, standard deductions, and various allowances, urging reforms to align with international standards and reduce the tax burden on businesses and individuals.
FICCI-PRE-BUDGET-MEMORANDUM-2015-16 India's economic outlook improved in 2014-15, with GDP growth projected at 5.5-5.6%, up from below 5% in previous years. Inflation concerns eased, and the current account deficit was reduced. Export growth was steady, and foreign investment inflows increased significantly. The government introduced progressive policies to enhance the business environment, including infrastructure development, manufacturing support, and financial inclusion initiatives. The forthcoming budget aimed to boost demand and investments, with suggestions to extend investment allowances, support startups, and implement GST. The fiscal deficit was targeted to decrease, emphasizing revenue growth and efficient expenditure. The agriculture, chemicals, aviation, education, and healthcare sectors received specific recommendations for tax adjustments and policy reforms to support growth and competitiveness.
PRE-BUDGET MEMORANDUM 2013-2014 - FICCI The pre-budget memorandum for 2013-2014 by FICCI outlines key economic and fiscal recommendations aimed at addressing India's economic challenges. It emphasizes the need for stable tax policies to boost investor confidence and suggests implementing committee reports on tax reforms. FICCI opposes the introduction of inheritance tax, citing potential negative impacts on capital generation. The memorandum stresses the importance of dispute resolution mechanisms, efficient tax refund processes, and the removal of double taxation on overseas dividends. It advocates for maintaining current import duties to protect domestic industries until comprehensive GST implementation and highlights the need for infrastructure development, including the introduction of GST, to stimulate economic growth.
2020 (9) TMI 1095 - ITAT DELHI Exemption u/s 11 - charitable or commercial activities - assessee was earning huge profits by providing data connectivity to its subscribers in lieu of consideration as per its objects and nowhere, charity can be seen in the whole process - charitable or commercial activities - assessee is an autonomous society established under the aegis of Department of Information Technology, Ministry of Communications and Information Technology, Government of India, as a non-profit organization - HELD THAT:-... ... ...
2018 (1) TMI 189 - ITAT DELHI Exemption u/s 11 eligibility - general public utility - charging subscription as well as consultancy fees on actual - whether the assessee is not involved in any business or commercial activity and the provisions of section 2(15) of the Act is not attracted in the case of the assessee? - Held that:- With respect to the fees charged by the assessee naturally, it should be commensurating with the efforts put in by the organization and to defray its cost as well as further capital cost. It is also ... ... ...
2023 (1) TMI 212 - ITAT DELHI Income deemed to accrue or arise in India - business PE in India - receipts of the assessee from Indian customers constitute royalty u/s 9(1)(iv) - assessee derived revenues from its airline customers in India - Whether non-resident entities have fixed place business PE in India? - whether there is any PE of the assessee in India or not? - HELD THAT:- For the A.Y. 2014-15, the ld. DRP held that the assessee had PE in India the services provided by the assessee are software services covered under... ... ...
2021 (9) TMI 1289 - APPELLATE AUTHORITY FOR ADVANCE RULING, GUJARAT Classification of goods - rate of tax - Micro-manipulator system - Intracytoplasmic Sperm Injection (ICSI) with ejaculated, epidymal or testicular spermatozoa used in Assisted Reproductive Technology Procedures - classifiable under tariff heading 9018 or 9011? - HELD THAT:- Chapter Heading 9011 covers compound optical microscope as used by amateurs, teachers etc. and those for industrial use or for research laboratories, whether or not they are presented with their optical elements (objectives, ... ... ...
2016 (4) TMI 377 - ITAT BANGALORE Transfer pricing adjustment - selection of most appropriate method - Held that:- There is no contract between the assessee and its AEs regarding the remuneration and mark up in respect of the value added by the assessee in the manufacturing process and further when the assessee is using the raw material of its own and not supplied by the AE for job work or contract manufacturing. Further, we find that there are variations of cost components in respect of the manufacturing activity of the assesse... ... ...
2011 (1) TMI 1121 - ITAT CHENNAI Business connection - Royalty - location of assets and software in India (through the affiliates of the assessee) and rendering of services in India - Deemed to accrue or arise in India - Section 9(1) - held that:- In satellite transmission, a particular frequency is assigned to the customer and in cable transmission, the customer gets a dedicated bandwidth. This is different from the use of a standard facility like the telephone at our homes. A broadband can be divided into two major categories... ... ...
2021 (5) TMI 753 - ITAT HYDERABAD Admissibility of expenditures incurred by the assessee (a pharmaceutical company) u/s 37 - disallowance of referral fees paid to doctors in violation of public policy and regulations formulated by the Medical Council of India ( MC! ) - allowability of assessee s referral fees paid to various eye clinics/eye specialists in their business premises in lieu of rent and other advantages - HELD THAT:- Assessee; a company engaged in eye care business has shared its revenue with the eye clinics and opht... ... ...
2015 (5) TMI 820 - ITAT DELHI Remittances made by NIPL to Nokia Corporation for software downloads are 'sums chargeable to Tax' as laid down in S 195 - whether NIPL can be held to be an "assessee in default" for non-deduction of tax thereon as per law - validity of survey - denial of natural justice - Held that:- On examination of the entire scheme of the Act, we are of the considered opinion that the plea advanced by ld. counsel for the assessee deserves to be rejected for the simple reason that the term ‘proceeding’, defin... ... ...
2020 (9) TMI 586 - AUTHORITY FOR ADVANCE RULING, GUJARAT Classification of goods - rate of tax - Micro-manipulator system which is Itracytoplasmic Sperm Injection (ICSI) with ejaculated, epidymal or testicular spermatozoa used in Assisted Reproductive Technology Procedures - HELD THAT:- In the instant case, as submitted by the applicant, the micromanipulators are used to carry out the procedure of invitro fertilization (IVF) under a microscope. From a plain reading of the procedure of IVF described by the applicant in his submission (please refer para... ... ...
2020 (5) TMI 190 - ITAT CHANDIGARH Addition on account of interest paid to M/S CISCO Capital System holding the same to have been claimed twice by the assessee - deduction of expenditure u/s 37 - HELD THAT:- Issue whether double deduction has been claimed by the assessee of the interest expenditure should be restored to the Assessing Officer for verification. Treatment of lease agreement entered - finance lease agreement or operating lease - whether the principal component of lease rental claimed by the assessee is a Revenue expe... ... ...
2017 (6) TMI 1174 - ITAT BANGALORE Taxability in India - Fees charged by the assessee for rendering the managerial and consultancy services - falls within the purview of 'royalty' - Indo -UAE DTAA benefit - permanent establishment - Held that:- A resident alone under Article 4 of DTAA can avail the benefit of DTAA. Since the certificate issued by the UAE authorities, was issued only for one year from 01.04.2012, whereas the assessment years under consideration are 2009-10 and 2010-11. The returns of income for these years were fi... ... ...
2016 (1) TMI 131 - ITAT MUMBAI Taxability of revenue generated through advertisements in India - Taxability under India-US tax treaty - assessee having a Permanent Establishment (PE) in India in terms of India-USA DTAA - whether the income generated through distribution of channels falls within the meaning of “Royalty” under Article 12 of India-USA DTAA and also u/s 9(1)(vi) of the Act and hence the same is also taxable in India? - Held that:- If the foreign company receives any money from the Indian soil and if it is held to... ... ...
Notes on clauses - Income-tax The Finance Bill, 2012 outlines various amendments to the Income-tax Act, focusing on tax rates, deductions, and compliance requirements for the assessment year 2012-2013 and beyond. It specifies income-tax rates for different income brackets and introduces new provisions for tax deductions, including those on insurance policies and health expenditures. The Bill proposes amendments to sections related to tax on foreign income, venture capital funds, and depreciation. It also introduces new sections on advance pricing agreements and anti-avoidance rules, aiming to improve tax compliance and address tax evasion. Additionally, it revises penalties for non-compliance and failure to furnish information, while establishing special courts for tax-related offenses.
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