Chief CIT Used Strong-Arm Techniques To Extort Bribe From Hapless Taxpayers: CBI Report
Pursuant to the recent arrest of Principal Commissioner Sailendra Mamidi and other top officials by the CBI for allegedly demanding and receiving bribes from taxpayers, the CBI has filed a report in Court in which it has presented an alleged nefarious nexus between fixers, businessmen and corrupt Income Tax Department officials.
CBDT Sets Up Committee Of Legal Luminaries To Simplify Income-Tax Act
The CBDT has issued a press release dated 27.10.2015 stating that a Committee comprising of eminent legal luminaries has been set up to simplify the provisions of the Income-tax Act. The Committee comprises of luminaries such as Justice R.V. Easwar, (Retd.), former Judge, Delhi High Court and former President, ITAT and other eminent advocates and lawyers
CBDT Launches E-Sahyog Project To Avoid Physical Presence Of Taxpayers During Assessment
The CBDT has issued a press release dated 27.10.2015 stating that the Income-tax Department is committed to the 'Digital India' initiative of the Government of India.The Finance Minister today launched an "e-Sahyog" pilot project which furthers the Department's commitment to work in an e-environment and reduces the need for the taxpayer to physically appear before tax authorities
Columbia Sportswear Company vs. DIT (Karnataka High Court)
A liaison office of a foreign co which identifies a manufacturer in India, negotiates the price, helps in choosing raw material to be used, ensures compliance with quality and gets material tested is not a 'permanent establishment' under Article 5 of India-USA DTAA
If the petitioner has to purchase goods for the purpose of export, an obligation is cast on the petitioner to see that the goods, which are purchased in India for export outside India is acceptable to the customer outside India. To carry on that business effectively, the aforesaid steps are to be taken by the seller i.e., the petitioner. Otherwise, the goods, which are purchased in India may not find a customer outside India and therefore, the authority was not justified in recording a finding that those acts amounts to involvement in all the activities connected with the business except the actual sale of the products outside the country. In our considered information, all those acts are necessary to be performed by the petitioner – assessee before export of goods
Vishay Components India Pvt. Ltd vs. ACIT (ITAT Pune)
S. 10A/ 10B: After AY 2001-02 when s. 10A/ 10B became "deduction" provisions instead of "exemption" provisions, the deduction has to be computed before adjusting brought forward unabsorbed losses /depreciation
The deduction under s. 10A has to be given effect to at the stage of computing the profits and gains of business. This is anterior to the application of the provisions of s.72 which deals with the carry forward and set off of business losses. A distinction has been made by the Legislature while incorporating the provisions of Chapter VIA Section 80A(1) stipulates that in computing the total income of an assessee, there shall be allowed from his gross total income, in accordance with and subject to the provisions of the Chapter, the deductions specified in ss.80C to 80U. S.80B(5) defines for the purpose of Chapter VI-A "gross total income" to mean the total income computed in accordance with the provisions of the Act, before making any deduction under the Chapter
CBDT Orders For Jurisdiction Of DRPs At Mumbai And Bengaluru
Vide Order No. 3 – FT& TR/2015 dated 21.10.2015, the CBDT has set out the jurisdiction for DRPs at Mumbai. Vide another order No. 4 – FT& TR/2015 also dated 21.10.2015, the CBDT has set out the jurisdiction for DRPs at Bengaluru.
Regards,
Editor,
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Latest:National Agricultural Cooperative Marketing Federation of India Ltd vs. JCIT (ITAT Delhi) (Special Bench)
S. 37(1): If a claim of damages and interest thereon is disputed by the assessee in the court of law, deduction cannot be allowed for the interest claimed on such damages
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