Category: Income Tax

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 …

Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders. The fiction not to be extended further for broadening the concept of shareholders – Supreme Court agrees with High Court ABCAUS Case Law Citation: ABCAUS 2099 (2017) (10) SC  Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders In …

Reopening for not replying enquiry letter issued on AIR basis to verify source of investment in the property held invalid for non application of mind by the Assessing Office.   ABCAUS Case Law Citation: ABCAUS 2098 (2017) (10) ITAT The Challenge/Grievance: This appellant assessee had challenged the order …