S. 12A : Registration – Trust or institution – Held declining registration on the ground of Indian Premier League (IPL) activities are in the nature of commercial activities is held to be not justified . [S. 2(15), S. 12AA]
S. 12A : Registration – Trust or institution – Held declining registration on the ground of Indian Premier League (IPL) activities are in the nature of commercial activities is held to be not justified . [S. 2(15), S. 12AA]
Black Money (Undisclosed Foreign income and Assets ) and imposition of tax Act, 2015
Black Money (Undisclosed Foreign income and Assets ) and imposition of tax Act, 2015
S. 2(11): Undisclosed asset located outside India – Applicability of the Statute – Accounts not in existence at the Black Money Act, 2015 came into force – The new legislation operates for those accounts and assets too.- Bank account in whatever way its is described is an asset in sense that it gives ownership credit balance ,in books of bank in that account – Undisclosed foreign bank account per se can indeed be treated as an asset – Interest leviable .-DTAA -India -Singapore Bank account in whatever way its is described is an asset in sense that it gives ownership credit balance ,in books of bank in that account – Undisclosed foreign bank account per se can indeed be treated as an asset – Interest leviable .-DTAA -India -Singapore. [ [S. 2(15),5(1)(i), 5(1)(ii)),8(b), 10(1),40(1), 40(2), BMR. 3(e), 3(2), ITACT , 1961 , S. 132,132(4), 133A, 139(1)), 234A,, 234B , 234C ] [
S. 268A : Appeal-Appellate Tribunal-Monetary tax effect-Less than Rs. 50 lakhs-Appeal is not maintainable. [S. 253]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-All details were on record-Payment of remuneration to managing trustee of major philanthropic trust was accepted in earlier years-Investment in shares by assessee-trust had been accepted as part of corpus of trust for over four decades by department and CBDT had also accepted same while notifying assessee-trust under section 10(23C)-Revision is held to be not valid. [S. 10(23C), 11, 13(2)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Investment in shares has been accepted as part of corpus over four decades-Interest income qualified for exemption-Assessing Officer has adopted ab course permissible in law-Revision is held to be not valid. [S. 11(5), 13(1)(d), 13(2)(h), 13(3)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Bad debts-Claim was allowed without verification-Revision is held to be justified. [S. 36(1)(vii)]
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Delay in filing miscellaneous application-Ex parte order-ill health-Delay was condoned. [ITAT R. 24]
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Transfer pricing-Arm’s length price-Most appropriate method-Application to Tribunal to direct the TPO to adopt a specific method was rejected. [S. 254(1), 92C]
S. 251 : Appeal-Commissioner (Appeals)-Powers-Jurisdiction-Direction of DGIT not to pass the during pendency of explanation-Order passed without following the direction and jurisdiction was set aside. [S. 120, 246A]
S. 206AA : Requirement to furnish Permanent Account Number-Double taxation agreement-Provision of 206AA does not override the provision of double taxation agreement-Tax deducted as per the provision of DTAA is held to be valid-DTAA-India-Czech Republic. [S. 90, Art. 12]