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Category: DTAA

July 14, 2021 / Business Set Up in India

CONCEPT OF GROSSING UP/ INCOME TO BE PAID “NET OF TAX”& SECTION 206AA

CONCEPT OF GROSSING UP/ INCOME TO BE PAID “NET OF TAX” & SECTION 206AA 1. Sec 206AA The provisions of Section 206AA of the Income tax Act, 1961 have been reproduced hereunder: Notwithstanding anything contained in any other provisions of the Act, any person entitled to receive any sum or income or amount, on which tax …

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July 14, 2021 / Business Strategy

PAYMENT MADE TOWARDS STUDENTS COLLEGE FEES IS NON-TAXABLE

 PAYMENT MADE TOWARDS STUDENTS COLLEGE FEES IS NON-TAXABLE Indian resident students go abroad for studies and they have to incur expenses on account of payment towards fees to university which may include accommodation charges also. Payment made towards college fees is non-taxable whether paid to government or non-government institute as in this case income is not …

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July 14, 2021 / Company Law Compliances

MAURITIUS VS INDIA TRADE ROUTE MARRED?

MAURITIUS VS INDIA TRADE ROUTE MARRED? Introduction In a complete disregard to the decision of the Supreme Court of India (“SC”) in Union of India vs. azadi Bachao Andolan, (2003) 263 ITR 706, 263 ITR 706 (SC), which had permitted the Mauritian companies having tax residency certificates to benefit from the India-Mauritius tax treaty, Circular No. 789, …

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July 14, 2021 / DTAA

Section 37(1) of the Income-tax Act, 1961 – Business expenditure – Allowability of Compensation

AO couldn’t question reasonableness of business exp. when its genuineness wasn’t doubted. Where assessee made payment of compensation to CCL, a foreign company, for premature termination of Toll Manufacturing Agreement (TMA) entered into between parties, said payment being directly having nexus with business activity of assessee, was to be allowed as deduction under section 37(1) …

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