RECENT INCOME TAX CASE LAWS IN INDIA

We are Posting here on Regular Basis Recent Judgements on Direct Tax delivered by Supreme Court, High Court and Tribunals.

All about taxability of Income From house property

Posted by kanoisandeep | Sunday, December 11, 2011

All about taxability of Income From house property

Posted: 11 Dec 2011 06:47 PM PST

Determination of Annual Value of Self-occupied property. Annual Value of one house away from work place.Determination of Annual Value of Let out house properties. Other Permissible Deductions from Annual Value in cases of let out properties....

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Deductions under Section 80C in Relation to Investment in New Residential House Property

Posted: 11 Dec 2011 05:47 PM PST

Deduction under section 80C of the Income tax Act is available for investment in house property subject to the satisfaction of the conditions of that section in regard to qualifying amounts in the following circumstances to the individuals/Hindu...

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Download Free XBRL Software – Apex Xbrl Maker Free Edition

Posted: 11 Dec 2011 05:35 PM PST

We recently come through a company which providing free software for creation XBRL file. While in Market all companies are charging from Six thousand to thirty Thousand for one year for the software. Software Name is 'Apex Xbrl Maker Free Edition'...

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How to check PAN furnished or not for filing DIN 4 from

Posted: 11 Dec 2011 04:33 PM PST

As all of us are aware about the MCA has made it compulsory vide General Circular No.11/2011, New Delhi Dated 07.04.2011 to inform PAN of every Director/Person holding Director Identification Number (DIN) up to 31st May, 2011 if not...

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Expenditure can be disallowed only in the event of non-deduction of tax at source, and not in the cases involving short deduction, TDS not required to be deducted on exchange rate difference if TDS already been deducted at the time of credit of amount

Posted: 11 Dec 2011 06:56 AM PST

Sandvik Asia Ltd. Vs.JCIT (ITAT Mumbai)- Assessee was liable to pay Swiss Kroner 38,58,000/- to M/s A B Sandvik Coromant, Sweden and in the account books for the previous year relevant to the assessment year 1991-92, the said income was credited to...

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Income-tax Act Benefit u/s. 47(xiv) of the cannot be denied in case there is a delay in allotment of shares to the proprietor on conversion of a proprietary concern into a company

Posted: 11 Dec 2011 06:31 AM PST

Income-tax Act Benefit u/s. 47(xiv) of the cannot be denied in case there is a delay in allotment of shares to the proprietor on conversion of a proprietary concern into a company

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Full exemption available under Section 54F of the Income-tax Act, 1961 even if the investment is made under joint name with spouse

Posted: 11 Dec 2011 06:17 AM PST

CIT Vs. Ravinder Kumar Arora (Delhi HC)- Section 54F mandates that the house should be purchased by the assessee and it does not stipulate that the house should be purchased in the name of the assessee only. Here is a case where the house was...

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Sale of Software without granting right to duplicate, amounts to sale of copyrighted article and not the transfer of copyright and therefore not taxable as 'Royalty'

Posted: 11 Dec 2011 05:47 AM PST

Novel Inc. Vs. DDIT (Intl. taxation) - The proceeds from sale of Software to Distributors, without granting the right to duplicate / alter / modify the software, cannot be construed as 'Royalty', regardless of the fact that the taxpayer choose to...

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Section 194I – TDS not deductible on transmission and wheeling charges paid by power trading companies as same in not rent

Posted: 11 Dec 2011 05:26 AM PST

GRIDCO Limited Vs. ACIT (ITAT Cuttack)-The Tribunal observed that Circular No.5 and Circular No.736 had given restricted meaning to the word 'rent'. However, in view of the decisions relied by the tax department, the word 'rent' is to be given a...

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No functions, assets and risks analysis is required before AY 2002-03 for determination of profits attributable to dependent agent permanent establishment; no further attribution if dependent agent paid arm's length commission

Posted: 11 Dec 2011 04:57 AM PST

DIT Vs. BBC Worldwise Ltd. (Delhi HC)- Bombay High Court in Set Satellite (Singapore) Pvt. Ltd. (supra) held that if correct ALP is applied and paid, nothing further rwould be left to be taxed in the hands of the foreign enterprise. In the said...

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TPO cannot take cognisance suo moto of any international transaction for adjustment in ALP

Posted: 11 Dec 2011 04:37 AM PST

CIT Vs. Amadeus India Pvt Ltd (Delhi HC) - Role of Transfer Pricing Officer (TPO) is limited to determination of the Arm's Length Price (ALP) in relation to the international transaction(s) referred to him by the Assessing Officer (AO). The TPO, on...

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Payments received by a non-resident for Value Added Services (VAS) is partly treated as 'Royalty' and partly as 'Fees for Technical Services' under India-UK tax treaty

Posted: 11 Dec 2011 04:17 AM PST

De Beers UK Limited Vs. DCIT (ITAT Mumbai)- The Tribunal held that the payment for VAS has to be considered partly as royalty under para 3(a) of Article 13 of the tax treaty being the payment for various types of information of commercial nature...

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National Savings Certificates-IX Issued specified as class of Savings Certificates to which Government Savings Certificates Act, 1959 will apply

Posted: 11 Dec 2011 12:55 AM PST

In exercise of the powers conferred by sub-section (3) of section 1 of the Government Savings Certificates Act, 1959 (46 of 1959), the Central Government hereby specifies that the National Savings Certificates-IX Issue shall be the class of Savings...

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Indirect tax collection rises 16.8 percent during the first eight months of the current fiscal

Posted: 11 Dec 2011 12:06 AM PST

Indirect tax collections rose 16.8% during the first eight months of the current fiscal to Rs 2,52,544 crore, prompting the Central Board of Excise and Customs (CBEC) to express "optimism" in achieving the revised Budget estimate target.However,...

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Taxes paid by the employer is treated as perquisites included in the salary and cannot be consider monetary payment to employee

Posted: 11 Dec 2011 12:01 AM PST

The decision of CIT Vs. America Counting Corporation 123 ITR 513, noted above also supports the view that taxes paid on behalf of the assessee is a perquisite or a benefit, but not income from business. It could not be taxed except under clause (iv)...

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Delhi HC stays CIC Order asking RBI to reveal name of defaulters

Posted: 10 Dec 2011 11:44 PM PST

The Delhi High Court today stayed the direction of the Central Information Commission (CIC) asking the Reserve Bank of India to provide details of industrialists who have defaulted in repayment of loans taken from nationalised banks. A bench of...

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Voluminous info received on black money, informs IT Dept

Posted: 10 Dec 2011 08:30 PM PST

The Income Tax Department has received more than 30,000 pieces of information from various countries on stashed black money under the Double Taxation Avoidance Agreement, DTAA. The Financial Intelligence Unit (FIU), under the Finance Ministry has...

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Instructions regarding strict compliance of Rule 3(2)(ii) to (iv) of CCS (Conduct) Rules in respect of directions issued by superior officers to their subordinate officers

Posted: 10 Dec 2011 08:29 PM PST

It has been observed during the processing of vigilance complaints wherein Assessing Officers have claimed that the particular action/decisions were taken after discussion with and as per the directions of their controlling Range Head, though, no...

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ICSI Foundation Day Celebrations Vision of Professional Body Like The ICSI and its Members Should Capture Expectations of its Various Stakeholders-RPN Singh

Posted: 10 Dec 2011 08:26 PM PST

The professionals like Company Secretaries have been playing an important role in shaping modern Corporate India .He appreciated the efforts of the Institute of Company Secretaries of India and said that the ICSI and its members have made a name for...

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IFCI to raise over Rs 100 crore via tax-saving infra bonds

Posted: 10 Dec 2011 08:25 PM PST

IFCI is in the process of raising more than Rs 100 crore from tax saving infrastructure bonds to fund infra projects. According to the offer document, the issue comprises of Rs 100 crore plus unspecified green shoe option. These bonds are of two...

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RBI Board meets at Kolkata; State Govt., Banks and RBI to work together for meaningful Financial Inclusion

Posted: 10 Dec 2011 08:25 PM PST

The Central Board of Directors of the Reserve Bank of India met today at Kolkata. Dr. D. Subbarao, Governor, Reserve Bank of India chaired the meeting. Directors Sarva Shri Dr. Anil Kakodkar, Kiran Karnik, M.V.Rajeev Gowda, Y.H.Malegam, Azim Premji,...

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I-T Dept invites fresh bids for Manesar, Pune centralised processing centres (CPCs)

Posted: 10 Dec 2011 08:19 PM PST

The Income Tax Department has invited fresh bid for setting up centralised processing centres (CPCs) for bulk processing of I-T returns at Manesar and Pune, as the earlier tender received no interest. Two new CPCs, announced in the Budget 2011-12,...

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No service tax on late payment charges by stock investors if shown separately in the account statement

Posted: 10 Dec 2011 08:16 PM PST

Stock market investors would not have to pay any service tax on any late payment charges paid by them to their brokers, provided such fines are shown separately in the account statement. The Ministry of Finance has clarified the matter to the...

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