9911796707
| TMI General Search |
|
Advanced Search Options
Showing 81 to 100 of 167 Records Search Text: yum restaurants india |
| Search Results |
| Articles (6) Case-Laws (161) |
|
2022 (5) TMI 896 - ITAT DELHI Income deemed to accrue or arise in India - Receipts of assessee in nature FTS - principle of mutuality - source of generating funds for the assessee - Whether the assessee received any payment from non-resident in connection with business of non-resident in India? - news reports that the Verein (Association) got converted into the Private Limited UK Company as limited by guarantee and thus the ld. AO taxed all receipts in the hands of assessee on gross basis as fee for technical services - test... ... ...
2022 (11) TMI 1076 - MADRAS HIGH COURT 100% EOU - Seeking direction to Respondent to issue the SHIS (Status Holder Incentive Scrip) in accordance with the FTP (Foreign Trade Policy) - Benefit of EPCG Scheme not availed - Petitioner submitted that the impugned order passed by the Respondent without application of mind and totally in contravention of the law particularly the FTP - opportunity of hearing also not provided to petitioner - violation of principles of natural justice - HELD THAT:- Section 5 of the Act makes it clear that th... ... ...
2021 (4) TMI 1233 - DELHI HIGH COURT Interpretation of statute - Paragraph 3.09(2)(i) of the FTP in so far as it excludes Service Providers in Telecom Sector from the benefit of SEIS - Benefit under Service Exports from India Scheme (SEIS) - Duty Drawback Scrips on foreign exchange remittance - HELD THAT:- The Service Providers in Telecom Sector meant and included only the Telecom Service Providers of services mentioned therein. The ambit and scope of such exclusion was not of Service Providers who render services to such Telecom S... ... ...
2014 (6) TMI 562 - ITAT DELHI Corporate Tax matter Service income - Income from other sources or not – Held that:- Following ITO, Ward 18 (4), New Delhi Versus Yum! Restaurants (India) Private Ltd. [2014 (4) TMI 532 - ITAT DELHI] - the word “business” is one of wide import and which means an activity carried out continuously and systematically by a person by the application of his labour and skill with a view to earn income - the assessee is receiving the income from parent company i.e. YRI and not making payment to it – the... ... ...
2020 (7) TMI 595 - ITAT DELHI Existence of PE - addition on account of salary reimbursement cost treated as fee for technical services - royalty income was offered to tax in India on the basis of tax rates prescribed in DTAA between India and Singapore i.e. @ 10% - AO was of the view that the person employed by the assessee, working under the Indian entity, were seconded to India; the salary of the said person was reimbursed by the Indian entity and hence taxable in the hands of the assessee. HELD THAT:- The evidences need t... ... ...
2014 (4) TMI 532 - ITAT DELHI Nature of Income – Income from PGBP or from other sources - Whether income from receipt of services fee assessable under the head Profits and Gains of Business or to be treated as ‘income from other sources’ – Held that:- The decision in Yum ! Restaurants (India) P. Ltd. Versus Additional Commissioner of Income-tax 2011 (5) TMI 852 - ITAT DELHI] followed - the word “business” is one of wide import and which means an activity carried out continuously and systematically by a person by the applicat... ... ...
2014 (11) TMI 263 - ITAT DELHI Treatment of service income earned – Income from other sources or business income – Held that:-The issue has already been decided in assessee’s own case for the earlier assessment year, decided in ITO, Ward 18 (4), New Delhi Versus Yum! Restaurants (India) Private Ltd. [2014 (4) TMI 532 - ITAT DELHI] - the word “business” is one of wide import and which means an activity carried out continuously and systematically by a person by the application of his labour and skill with a view to earn income ... ... ...
2015 (10) TMI 2191 - BOMBAY HIGH COURT Entitlement of Duty Credit Scrips under Served From India Scheme (SFIS) declared deficient – revenue tried to disqualify the Petitioner on the basis that the brand under which the Petitioner operates is not an Indian brand. - Held That:- It is undisputed that brand "Castrol India" is not an Indian brand – Matter squarely covered in case of Naman Hotels Private Ltd. [2015 (9) TMI 564 - BOMBAY HIGH COURT] – Challenge to the deficiency letter fails – Decided in favour of Revenue.... ... ...
2020 (1) TMI 598 - DELHI HIGH COURT Benefit of SFIS Scheme - FTP 2004-2009 - interpretation of provisions of FTP - rejection of Refund of duty - HELD THAT:- Para 3.6.4.2 of the FTP 2004-2009 is clear and unequivocal in its terms. All Service Providers, who provided service enlisted in Appendix 10 of the FTP, and who have a total free foreign exchange earning of at least Rs.10 Lakhs in the preceding financial year, qualified for the benefits of the SFIS. Significantly, the clause talks that all such service providers, shall qualify... ... ...
2019 (9) TMI 551 - ITAT DELHI TP Adjustment - AMP expenditure - whether amount received by the assessee towards the contribution for advertisement marketing and promotion expenditure is not tainted with mutuality but, thus, income of the assessee chargeable to income tax under the income tax act? - claim of diversion by overriding title - HELD THAT:- According to clause 4 of the above operating agreement the holding company may at the request of the assessee but subject to holding companies sole and absolute discretion paid ... ... ...
2011 (5) TMI 852 - ITAT DELHI Service Income Receipt - Business Income or Income from Other Sources - AO, agreement b/w the parties is not duly signed, witnessed nor executed on stamp paper. Also, in current AY, service income received is equivalent to 110 per cent of the expenditure, thus, treated it as income from other sources - CIT(A) considered it as business income - HELD THAT:- The word business is one of wide import and which means an activity carried out continuously and systematically by a person by the application... ... ...
2021 (7) TMI 216 - CESTAT BANGALORE Taxability - Banking and other financial services - services rendered by ICICI Econet Internet and Technology Fund floated by the Settlor - trust is a legal entity or not - whether obtaining registration under any statute entails the trust to a Tax liability - Mutuality of Interest between Trust and Members - service provider-receiver relationship - tax liability on Carry Interest and performance fee - time limitation - computation errors - penalty - Revenue Neutrality - VCF established in the f... ... ...
2015 (9) TMI 564 - BOMBAY HIGH COURT Entitlement to the Duty Credit scrip under the Served From India Scheme - Denial on the ground that Petitioner is promoting 'Thyssenkrupp' brand which is not an Indian brand and that Petitioner is not an Indian service provider - Held that:- persons providing a service from India to any other country, from India to service consumer of any other country in India, supply of a service from India through commercial or physical presence in territory of any other country, supply of a service in India ... ... ...
2018 (4) TMI 1772 - ITAT DELHI TP Adjustment - Comparable selection - HELD THAT:- Assessee was engaged in rendering marketing and sale support services to Genzyme International. During F.Y. 2008-09, the assessee conducted various activities as per the arrangement with the AEs like procurement of market information, collecting, analyzing and reporting relevant market information, participation in creation of market analyses and market strategies, providing advice with respect to economic, financial, political and business envi... ... ...
2015 (2) TMI 17 - DELHI HIGH COURT Service income - “business income” V/S “income from other sources” - revenue urged that mere earning of some income in a mechanical manner or the accretion of certain sums on a regular basis would not mean that it is business income - Held that:- This test of "some real, substantial and systematic or organised course of activity or conduct with a set purpose" to determine whether an activity was business. In view of this settled position, there is no scope for interference with the findings of t... ... ...
2019 (1) TMI 1838 - ITAT DELHI TP Adjustment - upward adjustment on account of reimbursement of marketing, advertisement and brand promotion - HELD THAT:- We find identical issue had come up before the Tribunal in assessee s own case in the immediately preceding assessment year, after considering the rival arguments made by both the sides had restored the issue to the file of the AO/TPO for fresh determination of the issue as held TPO did not have the benefit of the Special Bench order in the case of LG Electronics [ 2013 (6)... ... ...
The article discusses the authority of the Director General of Foreign Trade (DGFT) to interpret the Foreign Trade Policy (FTP) regarding the eligibility of Indian Service Providers for the Served From India Scheme (SFIS). The Andhra Pradesh and Delhi High Courts ruled that the DGFT cannot introduce new conditions not specified in the FTP, such as requiring Indian Service Providers to have an "Indian Brand" or excluding subsidiaries of foreign companies. The courts emphasized that the DGFT's role is to interpret existing policy language, not amend it, and that companies incorporated in India are considered Indian regardless of foreign equity.
DECODING ‘THE DOCTRINE OF MUTUALITY’ CODE FOR ALTERNATIVE INVESTMENT FUNDS (‘AIF’) The article explores the "Doctrine of Mutuality," which posits that an entity cannot transact with itself, thus challenging the taxability of transactions within associations or clubs. Historically rooted in English law, this doctrine has been pivotal in determining tax liabilities on mutual transactions. The 46th Amendment to the Indian Constitution aimed to expand the definition of 'sale' to include transactions by unincorporated associations, thereby challenging the doctrine. Indian jurisprudence has grappled with this doctrine, as seen in cases like Bangalore Club and Calcutta Club, which examined whether mutual transactions could be taxed. Recent amendments to the CGST Act attempt to override mutuality by deeming entities and their members as separate, raising questions about the doctrine's future applicability.
2019 (1) TMI 1700 - DELHI HIGH COURT Applicability of SFIS scheme - Whether the subsidiaries of foreign entities could be considered as Indian Service Providers? HELD THAT:- Insofar as the applicability of FTP 09-14 to Indian Subsidiaries of Foreign Entities is concerned, this Court did not accept the contention of the respondents that such companies were excluded from the benefit of the SFIS Scheme under FTP 09-14. Notwithstanding, the decision of this Court, the respondents did not provide the benefit of the SFIS to the petitione... ... ...
2009 (4) TMI 1 - DELHI HIGH COURT Assessee-company develop/manage franchisees for running restaurants – assessee created an intermediary in the form of a wholly owned subsidiary, to carry on a “co-operative advertising” on the behalf of its franchisees - claim on account of accrued marketing expenditure and on account of contributions towards advertising, marketing and promotional activities towards wholly owned subsidiary – not proved that expenditure were on account of commercial expediency so rightly disallowed by tribunal... ... ...
|
