UPDATES FROM TAX GURU 20.07.2009

UPDATES FROM TAX GURU  Applicability of provisions of section 194H on post-paid services and pre-paid package SUMMARY OF CASE LAW Where the assessee company itself admits that it is liable to deduct tax at source u/s 194H in respect of post-paid services rendered through its distributors, it is the duty of the assessee to prove that the services rendered by... View contrary to the earlier view taken by the Assessing Officer while completing the original assessment amounts to change of opinion SUMMARY OF CASE LAW A view contrary to the earlier view taken by the Assessing Officer while completing the original assessment amounts to change of opinion which is hit by the provisions of proviso to section 147. CASE LAW DETAILS Decided by: ITAT,... Section 195 of IT Act, 1961 is applicable even when deductee is a foreign company and assessed in India due to its business presence in India SUMMARY OF CASE LAW Section 195 nowhere mentioned that a foreign company, who is being assessed in India on account of its business presence, will be exempt from section 195. CASE LAW DETAILS Decided by ITAT, BANGALORE BENCH `A', In The... Technical job done by the engineers cannot be said to be in the nature of executive job Posted: 19 Jul 2009 05:48 AM PDT SUMMARY OF CASE LAW The technical job done by the engineers cannot be said to be in the nature of executive job since no management act is involved in such work; hence, the salary paid by the Head Office of a non-resident to the engineers involved.... Tribunal cannot examine validity of the action of search under section 132 of IT Act, 1961 SUMMARY OF CASE LAW The Tribunal cannot examine the validity of the action of search under section 132(1); search warrant cannot be treated as illegal merely because full name of assessees are not written. CASE LAW DETAILS Decided by: ITAT, PUNE... HDFC Bank Ltd paid Rs131.40 Crore to the service tax department for violations of provisions of service tax rules India's second largest private sector lender by assets, HDFC Bank Ltd, has paid Rs131.40 crore, inclusive of interest, to the service tax department after the government agency detected violations of certain provisions of service tax rules,... PwC messed up big time 1. The Indian government represented by the Corporate Affairs Minister Salman Khurshid said last Friday said that the government will support Mahindra Satyam in resolving class action suits which it is facing in the US.On the other hand, not only... Police arrested CA, tax consultant for human trafficking The Sahar police on Thursday arrested a citybased chartered accountant, Munuf Mamdani (49), and a tax consultant, for alleged human trafficking. The accused are believed to be part of a racket involved in sending people abroad by declaring them as... With Regards,  CA Sandeep Kanoi  Website: http://www.taxguru.in/  Get LEGAL & FINANCIAL UPDATES FROM TAX GURU delivered by emai

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