Category: Income Tax
Reassessment quashed for being a change of opinion when view and opinion formed by AO in original assessment were doubted as erroneous-High Court  ABCAUS Case Law Citation: ABCAUS 2108 (2017) (10) HC The Challenge/Grievance: The Petitioner company had filed two writ petitions impugning notices issued under Section …
Registration u/s 12AA-Document evidencing creation of Trust could be of any type. Trust can be created even orally and if Trust is able to give some evidence of its creation by a word of mouth, the same is eligible for registration. ABCAUS Case Law Citation: ABCAUS 2106 (2017) (10) …
Mere outsourcing business to Indian subsidiary do not constitute Permanent Establishment within the meaning of Double Taxation Avoidance Agreement – Supreme Court ABCAUS Case Law Citation: ABCAUS 2105 (2017) (10) SC The Hon’ble Supreme Court of India in a recent judgment has laid down that outsourcing of services by …
Promotion of 88 Commissioners to the grade of Principal CIT. CBDT has promoted 88 officers and declared their new posting. 5 PCIT also transferred F. No. A-320 11/3/2017-Ad.VI Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes North Block, New Delhi The 24th …
Commissioner Appeals have no power to remand case back to AO for fresh assessment nor can he direct AO to decide in accordance with his directions-High Court ABCAUS Case Law Citation: ABCAUS 2104 (2017) (10) HC Important Case Laws Cited/relied upon by the parties: Dhirendra Nath Gorai v. …
POEM Clarification for multinational companies with regional headquarter structure with employees having multi-country responsibility Circular No 25 of 2017 F No 142/ 11/2015-TPL (Part-1) Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes ****** New Delhi, 23rd October, 2017 Subject : Clarification  related …
Transaction entered in pursuance of MOU can not be said sham or colourable device to avoid tax when payments and MOU not disputed, Joint Venture payments not attract TDS Provisions-High Court  ABCAUS Case Law Citation: ABCAUS 2103 (2017) (10) HC In the instant case, the assessee company …
Once depreciation is claimed, asset cannot move out of the Block of Assets even if no depreciation was claimed for many years thereafter – High Court affirms ITAT order  ABCAUS Case Law Citation: ABCAUS 2102 (2017) (10) HC Brief Facts of the Case: The appellant assessee had sold a fixed assets earning profits thereon which was treated by it as …
Question affecting tax liability of assessee can be raised before the Tribunal first time and it is obliged to consider them and pass appropriate orders – High Court ABCAUS Case Law Citation: ABCAUS 2101 (2017) (10) HC In the instant case, the Income Tax Department (Revenue/Department ) had …
Tribunal not justified in remanding the case when documents are available with it. It was the duty of the tribunal to consider the same – High Court  ABCAUS Case Law Citation: ABCAUS 2100 (2017) (10) HC The High Court pronounced the common judgment while disposing off bunch …
