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Last Updated : Thursday 21st August, 2014 - 4:05pm

Corrigendum to Public Notice number 52 dated 25.02.2014 Continue reading | Anti-dumping duty imposed on imports of ‘Sulphur Black’, originating in, or exported from, the People’s Republic of China Continue reading | Exchange Rate for the purpose of import and export with effect from  19 th September , 2014 Continue reading | Modinagar , District Ghaziabad notified for unloading of imported goods and loading of export goods Continue reading | AD-HOC exemption for Uttarakhand for service relating to Hotel ,guest house and restaurant Continue reading | SION for export product Namkees/Mixtures/Savouries has been notified. Continue reading | EXTENSION OF DUE-DATE FOR FILING RETURNS OF INCOME FROM 30-9-2014 TO 30-11-2014 BY ASSESSEES IN STATE OF JAMMU & KASHMIR Continue reading | CBEC CIRCULAR NO-984/08/2014-CX., Dated: September 16, 2014- CBEC issues clarification Continue reading | Anti-dumping duty imposed on ‘ electrical insulators of glass or ceramics/porcelain, whether assembled or unassembled ' originating in, or exported from the People's Republic of China Continue reading | CBEC Cadre Review - Notification No.83/2004-Customs (N.T.), dated the 30th June, 2004 amended   Continue reading |
PEO company
Category Archives: High Court Orders

High Court Orders

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-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-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-1263-HC-Zaheer Mauritius -Vs- Director of Income-tax (International Taxation) -II, On. JULY  30, 2014 

 Gains from sale of CCDs in Joint Venture Company by foreign partner to Indian partner under exit option not “interest” u/s 2(28A) but “capital gains” even if the exit option assures a minimum assured return. Whether a Compulsorily Convertible Debenture is a loan simplicitor or whether it is in the nature of equity, is not material in determining whether the gain on the sale of the debentures by its holder is a capital gain or not. This depends entirely on whether the debentures are capital assets in the hands of its holder. Continue reading

2014-ITS-1264-HC-Comverse Networks Systems India (P.) Ltd. -Vs- Commissioner of Income-tax, Delhi -XVI , On. JULY  22, 2014 

 In terms of section 163, relevant period to be considered is not date of appointment of statutory agent, but period covering year of account and, thus, where a person in respect of whom agent is sought to be made a representative assessee, does not attain status of non-resident during relevant accounting period, provisions of section 163 cannot be invoked in such a case Continue reading

2014-ITS-1425-HC-Commissioner of Income-tax, Chennai -Vs- Faizan Shoes (P.) Ltd. , On. JULY  22, 2014 

The services rendered by the non-resident agent can at best be called as a service for completion of the export commitment. The services provided by the non-resident agent are not technical services. The assessee is not liable to deduct tax at source when the non-resident agent provides services outside India on payment of commission Continue reading

2014-ITS-1518-HC-B.S. Shantharaju -Vs- Commissioner of Income-tax, Circle-14(1), Bangalore* , On. JULY  22, 2014 

 Where in terms of article 14 of Indo-UK DTAA, assessee was a resident of India and he had to pay capital gains in terms of domestic law of this country, if he did not pay same and merely gave a note along with returns, to which Assessing Officer had not applied his mind, reassessment was justified Continue reading

2014-ITS-1517-HC-Commissioner of Income-tax, TDS -Vs- Kingfisher Airlines Ltd. , On. JULY  15, 2014 

Where assessee-company having deducted tax at source from salaries paid to it employees, did not remit same to Central Government account, Assessing Authority was justified in holding assessee to be “assessee-in-default” and directing it to pay amount so deducted with interest Continue reading

2014-ITS-1516-HC-Commissioner of Income-tax (TDS) -Vs- D. P. Vekaria* , On. JULY  14, 2014 

Where once tax due had already been paid by deductee, thereafter tax could not be recovered once again by treating deductor to be assessee-in-default Continue reading

2014-ITS-1515-HC-Commissioner of Income-tax -2 -Vs- Larsen and Toubro Ltd.* , On. JULY  10, 2014

 Where imposition of penalty under section 271(1)(c) was set aside by Tribunal on findings of fact that merely because assessee raised a claim which was eventually disallowed did not mean that ingredients of clause (c) were satisfied so as to justify imposition of penalty, no substantial question of law arose from said finding of Tribunal Continue reading

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