DALMIA POWER LTD v ACIT (2019) 420 ITR 339 (SC), [2019] 112 taxmann.com 252 (SC)

Facts As per the Scheme, about 9 companies merged with 2 companies.  The Appointed Date of the Schemes was 01.01.2015.  The Schemes were duly approved and sanctioned by the NCLT, Guwahati vide Orders dated 18.05.2017 and 30.08.2017.  NCLT, Chennai sanctioned the Schemes vide Orders dated 16.10.2017, 20.10.2017, 26.10.2017, 28.12.2017, 10.01.2018, 20.04.2018 and 01.05.2018. Transferee Companies […]

GIFT OF AGRICULTURAL LAND WHETHER COVERED BY PROVISIONS OF SECTION 56(2)(x)/56(2)(vii)

Section 56(2)(x)(b) provides for taxation of immovable property received by any person under certain circumstances.  These circumstances are: (A) immovable property received without consideration and the stamp duty value of such property exceeds Rs.50,000.  In such circumstances, the stamp duty value of such property is taxable. (B) immovable property received for a consideration and the […]

TAXABILITY OF EMPLOYMENT INCOME OF NON-RESIDENT FOR SERVICES RENDERED OUTSIDE INDIA

Taxability of salary or employment income depends on the physical presence of the employee.  The place where employees are physically present is generally considered as the place where the salary income is taxable.  A Company in India may pay salary to non-resident employees, who have rendered services from outside India.  The salary may be credited […]

INDIAN COMPANY WHOSE SHARES ARE TRANSFERRED WHETHER CAN BE TREATED AS AGENT UNDER SECTION 163

Section 159 fastens the liability upon the ‘Legal representatives’ under certain circumstances when a person is liable to pay tax dues. Section 160 defines ‘Representative assessee’ and section 161 gives the circumstances under which liability of representative assessee arises. When representative assessee has to pay tax on behalf of a person, section 162 confers right […]

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