Taxpayer did not constitute a Construction PE under the DTAA as the contract carried on by the Taxpayer did not exceed the threshold period provided under the DTAA

Taxpayer did not constitute a Construction PE under the DTAA as the contract carried on by the Taxpayer did not exceed the threshold period provided under the DTAA Posted: 13 Nov 2011 06:30 PM PST CIT vs. M/s BKI/HAM v.o.f. (Uttarakhand High Court)-Tribunal in the assessment order 1995-96 as well as the appellate authority in the assessment order 1994-95 have categorically given a finding of fact that the entire duration of the contract was... [[ This is a content summary only. Visit www.taxguru.in for full article ]] B/F business loss , unabsorbed depreciation and loss incurred by a non-eligible unit shall not be adjusted while computing the profit eligible for relief u/s. 10A of the Income Tax Act Posted: 13 Nov 2011 05:18 PM PST CIT vs. Yokogawa India Ltd (Karnataka High Court)- The High Court had to consider two issues for AY 2001-02 & onwards: whether (i) the loss incurred by a non-eligible unit & (ii) the brought forward unabsorbed loss & unabsorbed... [[ This is a content summary only. Visit www.taxguru.in for full article ]] Third Party Administrators (TPAs) to deduct TDS u/s. 194J while making payment to hospital, No penalty u/s. 271C for non deduction of TDS on TPAs Posted: 13 Nov 2011 04:42 PM PST Vipul Medcorp TPA Pvt Ltd & Ors v. CBDT (Delhi High Court)-The High Court held that payments made by the insurance company or the TPAs could be in the nature of business expenditure as per accounts/books maintained by them. However, tax has to... [[ This is a content summary only. Visit www.taxguru.in for full article ]] Transfer of shares by initial subscribers to a MOA does not amount to a change in shareholding as per section 79 of the Income-tax Act, 1961 and therefore, benefit of brought forward loss is available Posted: 13 Nov 2011 09:11 AM PST ITO V. M/s. S-Net Freight (India) P. Ltd. (ITAT Chennai) - The Tribunal order has recognised that beneficial ownership and legal ownership could be different and for the purpose of section 79 of the Act, the beneficial ownership was relevant.... [[ This is a content summary only. Visit www.taxguru.in for full article ]] Payment made for supply of software is not 'royalty' since it is copyrighted software and not copyright in the software Posted: 13 Nov 2011 08:48 AM PST DCIT v. ABAQUS Engineering Pvt Ltd (ITAT Chennai) - Recently, the Chennai Bench of Income-tax Appellate Tribunal in the case of ABAQUS Engineering Pvt Ltdheld that the payment made for supply of software is not 'royalty' since it is 'copyrighted... [[ This is a content summary only. Visit www.taxguru.in for full article ]] Understanding Transfer Pricing With Latest Case Laws Part 2 Posted: 13 Nov 2011 06:31 AM PST Now a days, during transfer pricing assessment , the TPO are coming with unique ideas like valuation of intangibles , corporate guarantees, ratings provided by CRISIL etc. this all leads to corporate in a mysterious situation. Below are the... [[ This is a content summary only. Visit www.taxguru.in for full article ]] MVAT – Documents to be submitted with Audit Report in Form 704 for the period 01-04-2010 – 31-03-2011 Posted: 12 Nov 2011 09:04 PM PST The detailed instructions for filing of Audit report u/s 61 of the MVAT Act 2002 in form 704 were issued by the Trade circular No.27T of 2009, dated 1st October 2009. It was then clarified in para 4 of the said circular, that such dealers would also... [[ This is a content summary only. Visit www.taxguru.in for full article ]] Download Master file of employee's database Posted: 12 Nov 2011 08:37 PM PST This File Contains features like retirement reminder, salary computation as per Provident Fund (PF) and ESIC , Attendance Sheet, Employee Details Etc. Master File of employee database [[ This is a content summary only. Visit www.taxguru.in for full article ]] The Maharashtra Value Added Tax (Fifth Amd.) Rules, 2011 Posted: 12 Nov 2011 08:26 PM PST in exercise of the powers conferred by sub-sections (1), (2) and (3) read with the proviso to sub-section (4) of section 83 of the said Act and of all other powers enabling it in this behalf, the Government of Maharashtra hereby, amends the... [[ This is a content summary only. Visit www.taxguru.in for full article ]] MVAT – Amendment to Notification No. VAT.1511/CR-57/Taxation-1 dt. 30th April 2011 Posted: 12 Nov 2011 08:25 PM PST No.- VAT 1511/ CR 96/ Taxation 1.- In exercise of the powers conferred by sub-section (5) of section 41 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), the Government of Maharashtra hereby amends the Government Notification, Finance... [[ This is a content summary only. Visit www.taxguru.in for full article ]]