DIMENSION DATA ASIA PACIFIC PTE LTD. VS. DCIT [2018] 99 taxmann.com 270 (Mumbai); TS-604-ITAT-2018 (Mumbai Tribunal)

The Tribunal held that presence of employees is to be tested separately for each type of service for computing Service PE threshold.  The Tribunal further held that application of beneficial provisions of the Act for one source of income and treaty for another source of income is permissible FACTS The Assessee is a private limited […]

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 […]

EXPENDITURE CAPITALISED – WHETHER OPERATING OR NON-OPERATING FOR PLI COMPUTATION

Rule 10B of Income Tax Rules provides methodology for computation of ALP.  Under TNMM, ‘net profit’ is used as benchmark for ALP computation.  Rule 10B(1)(e)(i) provides for considering “net profit margin realised by the enterprise from an international transaction or SDT entered into with an associated enterprise”.  Rule 10B(1)(e)(ii) provides for computation of ‘net profit […]

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