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Last Updated : Thursday 27th November, 2014 - 3:11pm
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Exchange Rate for the purpose of import and export with effect from  19th December , 2014 Continue reading | Procedure for export of Certified Organic Products has been deferred till further orders. Continue reading | Authentication of supply invoice/ ARE-3 by the Central Excise Authorities for Claiming Deemed export benefits Continue reading | Amendment to CESTAT Appeal Forms -CBEC issues guidelines Continue reading | Govt. amends exchange rate for Japanese Yen Continue reading | PAC Bats for Revamping of 6 Economic Intel Agencies Continue reading | Central Government exempts all goods donated or purchased out of cash donations, for the relief and rehabilitation of the people affected by the floods in the State of Jammu and Kashmir Continue reading | Central Government exempts all goods when imported into India and intended for donation for the relief and rehabilitation of the people affected by the floods in the State of Jammu and Kashmir Continue reading | Definitive anti-dumping duty imposed on imports of Clear Float Glass of nominal thicknesses Continue reading | Specified officers of DRI and DGCEI to attend to work relating to adjudication of case where show cause notices of short levy / non levy of customs duty have been issued under section 28 of the Customs Act 1962. Continue reading |
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Category Archives: High Court Orders
   

High Court Orders

2014-ITS-1715-HC-C. Krishnan -Vs- Income Tax Officer, Ward-I(4), Erode , On. NOVEMBER  27, 2014 

A circular or a direction or an order issued by the CBDT under section 119 of the Act cannot mitigate the powers of Principal Director General or Director General or Principal Chief Commissioner or CCIT or CIT under section 127 of the Act. Continue reading

2014-ITS-1714-HC-Naresh Trehan -Vs- Rakesh Kumar Gupta , On. NOVEMBER  24, 2014

Income-tax retruns and information provided to Income Tax Authorities by assessee are confidental and not required to be placed in pubic domain; given nature of income-tax returns and information necessary to support same, it would be exempt under section 8(1)(j) of Right to Information Act, 2005 in respect of individual and unincorporated assessees Continue reading

2014-ITS-1713-HC-Commissioner of Income-tax- IV -Vs- Delhi Race Club (1940) Ltd. , On. NOVEMBER  18, 2014 

Payment made by a race club for live telecast of horse races is not covered under section 9(1)(vi) and said amount, as such not being royalty, TDS was not required to be deducted Continue reading

2014-ITS-1712-HC-Leighton India Contractors (P.) Ltd. -Vs- Union of India , On. NOVEMBER  18, 2014 

The Bombay High Court followed the case of Vodafone India Services (P.) Ltd. v. Union of India [2014] 50 taxmann.com 300 (Bombay) and held that shortfall received on issue of equity shares (when benchmarked with ALP) to non-resident AE could not be characterized as income from international transaction. Thus, the DRP was directed to follow the verdict of Vodafone (supra) to settle the dispute. Continue reading

2014-ITS-1711-HC-Shell India Markets (P.) Ltd. -Vs- Shell India Markets (P.) Ltd. , NOVEMBER  18, 2014 

The Bombay High Court in the instant case held in favour of Shell India (‘petitioner’) on the issue of applicability of Transfer Pricing provisions in case of issue of shares. In this regard, the High relied upon decision in the case of Vodafone India Services (P.) Ltd. v. Union of India [2014] 50 taxmann.com 300 (Bombay). In case of Vodafone India (Supra) it was held that the jurisdiction to apply Chapter-X of the Act would occasion only when income arises out of International Transaction and such income was chargeable to tax under the Act. Continue reading

2014-ITS-1711-HC-Shell India Markets (P.) Ltd. -Vs- Shell India Markets (P.) Ltd. , NOVEMBER  18, 2014 

The Bombay High Court in the instant case held in favour of Shell India (‘petitioner’) on the issue of applicability of Transfer Pricing provisions in case of issue of shares. In this regard, the High relied upon decision in the case of Vodafone India Services (P.) Ltd. v. Union of India [2014] 50 taxmann.com 300 (Bombay). In case of Vodafone India (Supra) it was held that the jurisdiction to apply Chapter-X of the Act would occasion only when income arises out of International Transaction and such income was chargeable to tax under the Act. Continue reading

2014-ITS-1710-HC-Commissioner of Income-tax, Chennai -Vs- Van Oord ACZ Equipment BV , On. NOVEMBER  14, 2014 

Sum received by Dutch Company for hiring out dredgers to its Indian AE would not be taxable in India as ‘Royalty’ as Article 12 of India-Netherland DTAA does not include such payments within its ambit. Continue reading

2014-ITS-1709-HC-UCO Bank -Vs- Union of India , On. NOVEMBER  11, 2014 

Although FD was drawn in the name of the Registrar General, he was neither the recipient of the amount credited to that account nor the interest accruing thereon. There was no assessee to whom interest income from the FD could be ascribed, thus, bank was not liable to deduct tax under section 194A on interest accrued on such FD. Continue reading

2014-ITS-1708-HC-Brown And Sharpe Inc. -Vs- Commissioner of Income-tax , On. NOVEMBER  11, 2014 

 Performance of employees of LO was determined by number of direct orders received by them – Employees were also entitled to sales incentives for these orders – Such incentive plans established that LO was not engaged merely in preparatory or auxiliary activities – Its activities extended to marketing activities as well – Therefore, it would be treated as PE of foreign company and the income attributable to LO activities would be taxable in India Continue reading

2014-ITS-1707-HC-Commissioner of Income-tax (Central), Kochi -Vs- Settlement Commission (IT & WT) , On. NOVEMBER  10, 2014 

High Court cannot assume the role of an appellate authority to review orders passed by the SetCom -Its role is confined to judicial review of the decision making process adopted by the SetCom and not the decision itself Continue reading

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