Income Tax Act 1961

Scope Of Transfer Pricing With Respect To Transfer Of Shares

Scope Of Transfer Pricing With Respect To Transfer Of Shares Transfer prices are defined as ˜the prices at which an enterprise transfers physical goods and intangibles or provides services to associated enterprises™[1]. Whenever a transaction takes place between two entities, whether related or unrelated, a price has to be fixed. This fixing of prices for… Read More

Tags: Finance Act 2001Income Tax Act 1961IndiaRoyal Dutch ShellTaxation in Indiatransfer pricingVodafoneVodafone India

Deferred Tax Liability on Special Reserve created under Section 36(1) (viii) of the Income Tax Act, 1961

RBI/2013-14/412 DBOD. No.BP.BC.77/21.04.018/2013-14 December 20, 2013 The Chairmen and Managing Directors / Chief Executive Officers of all Commercial Banks (excluding Regional Rural Banks) Dear Sir, Deferred Tax Liability on Special Reserve created under Section 36(1) (viii) of the Income Tax Act, 1961 Please refer to our mailbox clarification dated November 6, 2009 with respect to… Read More

Tags: BanksGovernment of IndiaIncome taxIncome Tax ActIncome Tax Act 1961IndiaKarnataka High CourtUnited States

Widening of the scope of power of Transfer Pricing Officer in context of Section 92CA of the Income Tax Act, 1961 An Analogous study

In the last few years the Government of India has taken many steps in order to strengthen the Transfer Pricing (Taxation) regime in India. A series of amendment has been introduced in order to enhance the ambit of tax base and consequent increase in the revenue. The latest step in this direction was the extension… Read More

Tags: CBDTFinance ActGovernment of IndiaIncome Tax Act 1961IndiaOrder of AustraliaTaxation in IndiaThe Income-tax Act 1961transfer pricing

Minimum Alternative Tax And Dividend Distribution Tax On Special Economic Zone

Background Karnataka High Court (High Court) in the case of M/s Mindtree (Tax Payer) v. Union of India[1] held that the imposition of Minimum Alternate Tax and Dividend Distribution Tax on SEZs is neither a breach of promise nor a violation of the doctrine of legitimate expectation and also held that tax levies on SEZs is constitutionally valid. Facts of… Read More

Tags: Dividend Distribution TaxFinance ActGovernment of IndiaIncome taxIncome Tax Act 1961SEZSEZ ActSpecial Economic Zone

Transfer Pricing of Marketing Intangibles: An Analysis in light of LG Electronics India Pvt Ltd Case

I.  Introduction The taxation of income from intangibles is perhaps the most important large case issue in the inter-company transfer pricing world today.[1] An increasing number of multinational enterprises (hereinafter MNE™s) have been tapping the Indian market by offering their products through local affiliates. Due to strong market competition, they have substantially increased their advertising expenditure.… Read More

Tags: Arm's length principleDelhi High CourtIncome taxIncome Tax Act 1961IndiaMaruti SuzukiSuzukitransfer pricing

Section 234D of the IT Act does not apply to assessments prior to June 2003

CLR Editorial Note: This case law refers to a Petition(s) for Special Leave to Appeal which is in respect of retrospectivity of Section 234D of the Income Tax Act, 1961. For the Assessment Year 1998-99, the Assessing Officer passed an assessment order prior to 01st June 2003, in which interest under section 234D was not levied. The assessee… Read More

Tags: AppealCITCommonwealth Law ReportsHigh CourtHonIncome Tax Act 1961Supreme CourtThe Honourable

Income-tax (18th Amendment) Rules, 2013

[TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)] GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE (CENTRAL BOARD OF DIRECT TAXES) Notification No. 76/2013 New Delhi, the day of 24th September, 2013 In exercise of the powers conferred by section 245Q read with section 295 of the Income-tax Act, 1961 (43 of 1961),… Read More

Tags: CITESGazette of IndiaGovernment of IndiaIncome Tax ActIncome Tax Act 1961IndiaNew DelhiTaxation in India

Income-tax (17th Amendment) Rules, 2013

[TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)] GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE (CENTRAL BOARD OF DIRECT TAXES) Notification No. 75/2013 New Delhi, the day of 23th September, 2013 S.O. 2887(E).- In exercise of the powers conferred by sections 101 and144BA read withsection 295 of the Income-tax Act, 1961 (43… Read More

Tags: Exchange Board of India ActGazette of IndiaGovernment of IndiaIncome Tax Act 1961New DelhiSecurities & Exchange Board of IndiaSecurities and Exchange Board of India Act 1992Taxation in India

IT Exemptions to Chandigarh State Aids Control Society

[TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)] GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE (CENTRAL BOARD OF DIRECT TAXES) Notification No. 77/2013 New Delhi, the day of 25th September, 2013 In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of… Read More

Tags: ChandigarhGazette of IndiaGovernment of IndiaIncome Tax ActIncome Tax Act 1961IndiaNew DelhiTaxation in India

IT Exemptions to Meghalaya State Aids Control Society

[TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)] GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE (CENTRAL BOARD OF DIRECT TAXES) Notification No. 78/2013 New Delhi, the day of 25th September, 2013 In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of… Read More

Tags: Gazette of IndiaGovernment of IndiaIncome Tax ActIncome Tax Act 1961IndiaMeghalayaNew DelhiTaxation in India

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