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Category Archives: High Court Orders
   

High Court Orders

2014-ITS-1531-HC-New Holland Tractors (India) (P.) Ltd. -Vs- Commissioner of Income-tax, Delhi -V , On. SEPTEMBER  25, 2014 

Where assessee, a subsidiary of US based company, entered into an agreement during relevant year whereby it received certain amount as licence fee for granting right to use technology relating to manufacturing a particular model of tractor for three years, in view of fact that after execution of agreement, no services or know-how was to be supplied during next three years, entire licence fee was to be taxed in assessment year in question even though payment had to be deposited in escrow account and it was only after successful completion of legal formalities and mutual obligations, deposit was to be received and appropriated by assessee Continue reading

2014-ITS-1532-HC-All India Federation of Tax Practitioners -Vs- Central Board of Direct Taxes, Government of India, Ministry of Finance (Dept. of Revenue) , On. SEPTEMBER  24, 2014 

Now the Madras High Court directs CBDT to extend the due date for filing return to November 30, 2014 Continue reading

2014-ITS-1533-HC-Director of Income-tax (International Taxation)-II -Vs- Panalfa Autoelektrik Ltd. , On. SEPTEMBER  18, 2014 

Commission paid by assessee to its foreign agent for arranging of export sales and recovery of payments could not be regarded as ‘fee for technical services’ under section 9(1)(vii) and, thus, assessee was not liable to deduct tax at source while making said payment Continue reading

2014-ITS-1534-HC-Smt. Kokilaben D. Ambani -Vs- Commissioner of Income-tax, Mumbai City -VI, Mumbai , On. SEPTEMBER  11, 2014 

At the time of determining Annual Letting Value of properties, which are subject to Rent Control Act, it is the duty of AO to determine standard rent if it isn’t fixed under Rent Control Legislation Continue reading

2014-ITS-1483-HC- Director of Income-tax (International Taxation) -Vs- ICICI Bank Ltd. On. AUGUST  21, 2014

Where capital gain accrued to residents of UAE from sale of Government Securities in India carried out through respondent bank, was not taxable in UAE, income so generated could not be subjected to tax in India and, therefore, respondent bank was not liable to deduct tax at source while remitting amount in question to non-residents Continue reading

2014-ITS-1535-HC-Director of Income-tax (International Tax) -Vs- Copal Research Ltd., Mauritius* , On. AUGUST  14, 2014 

There can be no recourse to Explanation 5 to enlarge scope of section 9(1) so as to bring to tax gains or income that may arise from transfer of an asset situated outside India, which does not derive bulk of its value from asset situated in India Continue reading

2014-ITS-1396-HC-Commissioner of Income-tax-12 -Vs- Tip Top Typography , On. AUGUST  8, 2014 

 Where a premises is covered by Rent Control Act, Assessing Officer must undertake exercise to fix rent himself in terms of said Act or have it determined by Court or Tribunal and, until then he may not be justified in applying any other formula or method and determine ‘fair rent’ by abiding with same Continue reading

2014-ITS-1536-HC-Commissioner of Income-tax, Bombay City -III -Vs- Montedison of Italy* , On. AUGUST  8, 2014 

Where assessee-company entered into contract with Indian companies for supply of technical know-how prior to 1-4-1976, technical services fee received by it in terms of those contracts was exempt from tax by virtue of proviso to section 9(1)(vii) Continue reading

2014-ITS-1399-HC-Principal Officer, LG Electronics Inc. -Vs- Assistant Director of Income-tax, International Taxation , On. AUGUST  5, 2014 

AO justified in issuing notice u/s 148 to foreign parent co where material impounded during survey shows that Indian WOS(100% subsidiary) is not functioning as independently but as PE of the foreign parent and the foreign parent has not filed income-tax returns as regards transactions with its Indian WOS on which Indian WOS hasn’t deducted full TDS under the DTAA Continue reading

2014-ITS-1537-HC-Gunjan Girishbhai Mehta -Vs- Director of Investigation* , On. AUGUST  4, 2014 

There is no requirement under provisions of Act that block assessment proceedings under section 158BD can be initiated only in pursuance of legal and valid search proceedings under section 132 Continue reading

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