UPDATES FROM TAX GURU 17.07.2009

UPDATES FROM TAX GURU Charter ship hire payments not royalty within the meaning of section 9 of IT Act SUMMARY OF CASE LAW Payments for chartering ships on hire for doing the business outside India do not satisfy the test laid down in section 9; when section 9 is not satisfied, there cannot be a case that income is deemed to accrue or arise in... Furnishing bank guarantee cannot be equated with actual payment under Section 43B of IT Act SUMMARY OF CASE LAW By no stretch of imagination it can be said that furnishing of bank guarantee is actual payment of tax or duty in cash; the bank guarantee is nothing but a guarantee for payment on some happening and that cannot be actual... Validity of notice issued by AO u/s 148 pursuant to directions of CIT u/s. 263 of IT Act 1961 SUMMARY OF CASE LAW An order of assessment passed by an ITO should not be interfered with only because another view is possible; when a statute provides for different hierarchies, providing for forums in relation to passing of an order as also... A supporting manufacturer entitled to claim deduction u/s. 80HHC (1A) on the basis of disclaimer certificate of export house SUMMARY OF CASE LAW The supporting manufacturer gets an independent right to claim deduction under section 80HHC(1A) once he gets in his favour a disclaimer certificate from the export house and there are no other conditions stipulated in the said... Statutory date for FMV of a property cannot be substituted with a subsequent conversion date by issuing notification SUMMARY OF CASE LAW It is not possible to ignore the statutory date embedded in the Act and adopt the conversion date as the bench mark date for finding out the FMV. CASE LAW DETAILS Decided by: ITAT, COCHIN BENCH, COCHIN, In The case of: Arun... ICAI Panel of Arbitrators The Institute of Chartered Accountants of India (Institute) recognises that in the emerging globalised scenario, the Alternative Dispute Resolution (ADR) system is a cost and time effective alternative to the heavily overburdened Courts.... With Regards,  CA Sandeep Kanoi  Website: http://www.taxguru.in/  Get LEGAL & FINANCIAL UPDATES FROM TAX GURU delivered by emai

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