CORPORATE AND PROFESSIONAL UPDATE ON DECEMBER 6, 2015 DIRECT TAX No reassessment beyond 4 years to tax deemed dividend if material facts of such income were disclosed in assessment [2015] 104 (Gujarat) Viren Sureshchandra Shah v. ACIT. Personal loan given by a company to its shareholder holding substantial interest in it would be taxable as deemed dividend [2015] …
CORPORATE AND PROFESSIONAL UPDATE ON DECEMBER 5, 2015 1. FAQ on Company Law: Query Answer Our Company wants to Guarantee Commission to the Directors of Company for having guaranteed the term loans obtained from financial institutions/ banks. Kindly advice whether the Company is allowed to pay the same according to the provisions of the Companies …
CORPORATE AND PROFESSIONAL UPDATE ON DECEMBER 4, 2015 Income–tax (11th Amendment) Rules, 2015 In exercise of the powers conferred by section 285BA read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Government with respect to registration of persons, due diligence and maintenance of information, and the Board for matters relating …
CORPORATE AND PROFESSIONAL UPDATE ON DECEMBER 3, 2015 DIRECT TAXES: Rejection of book results u/s 145 – estimating the income at 5 percent of gross receipts – no material was brought to establish that the purchases and expenses had been inflated or the sales had been suppressed and in the absence of any such material …
COMPANY ENGAGED IN CLINICAL RESEARCH ISN’T COMPARABLE WITH A SOFTWARE DEVELOPMENT SERVICE PROVIDER Mindtek v. ITO [Bangalore ITAT] IT (TP) Appeal No. 1082 of 2011, dated May 14, 2015. Facts of the case The assessee company is engaged in the business of rendering software development research and development services. The Assessee provides such services to its …
Limited Liability Partnership A Limited Liability Partnership (LLP) is a business structure that offers the advantages of limited liability and the flexibility of a partnership business. When compared to the company form of business structure, the LLP has fewer compliance requirements. In the case of an LLP, audit is exempt up to a certain level …
SPECIFIC POLICY FOR SUPPLY CONTRACTS The Standard Policy is a whole turnover policy designed to provide a continuing insurance for the regular flow of an exporter’s shipments for which credit period does not exceed 180 days. Contracts for export of capital goods or turnkey projects or construction works or rendering services abroad are not of …
CORPORATE AND PROFESSIONAL UPDATE ON DECEMBER 1, 2015 1. INDIRECT TAXES A. Chairperson of CBDT, Anita Kapur completes her tenure, now appointed as advisor on Tax Reform. B. Transfer of land under JDA in lieu of flats held as conversion of capital asset into stock-in-trade [2015] 274 (Hyderabad – Trib.) ACIT v. Medravathi Agro Farms …
* TAX UPDATES ON 20TH NOVEMBER 2015 INCOME TAX ACT SECTION 9 INCOME – DEEMED TO ACCRUE OR ARISE IN INDIA Interest : Where assessee issued FCCB to foreign investors and remitted interest to them, since said money was utilized for overseas business of assessee, no income could be said to have accrued or arisen in India in hands …
TAX UPDATES SECTION 9 INCOME – DEEMED TO ACCRUE OR ARISE IN INDIA Permanent Establishment : In order to determine question as to whether assessee owing rig had PE in India, Tribunal rightly concluded that unless rig owned by assessee was actually used for a period of 120 days in India, it would not be sufficient …