S. 2(22)(e): Deemed dividend-Loan to share holder-Commercial transaction-Advance for construction of building-Not assessable as deemed dividend. [S.1150]
S. 2(22)(e): Deemed dividend-Loan to share holder-Commercial transaction-Advance for construction of building-Not assessable as deemed dividend. [S.1150]
S.43B: Deductions on actual payment – Amendment by Finance Act , 2021 disallowance employee’s contribution to ESI/PF is applicable prospectively [ S. 36 (1) (va), 139 (1) ]
S. 255 : Appellate Tribunal – Procedure – Cross objection- Jurisdiction issue can be raised before ITAT , without filing cross objection- Matter remanded to Tribunal for fresh consideration of appeals instituted by revenue after permitting assessee to raise issue of non-compliance with in jurisdictional parameters of section 153C of the Act .Delay of 248 days in filing cross objection was condoned . [S.153C, 253, 254 (1) , ITAT R, 27, Form . 36A ,Code of Civil Procedure, 1908 rule 2 of Order II , Limitation Act, 1963 Limitation Act, 1963 , S. 5 ]
Interpretation of taxing statutes – Royalties – Double Taxation Avoidance agreements – Liberal construction- DTAA -India – Singapore [S. 9(1) (vi), 195 , Art, 3, 12 (3) , 30 ]
S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Computer software not royalty – Right to reproduce and right to use computer software separate rights -Not liable to deduct tax at source – Agreement has to be read as a whole , real nature of transaction to be seen reading agreement as a whole – DTAA – India – Singapore -India -China – Japan – Kingdom -USA [S. 2(7) , 2(37A, ) 4 , 5, 90 (2),195 ,201 (IA ) , Copyright Act, 1957, S .2(A ), 52(1)(aa) , Art , 3 (2) 12(3) 30 ]
Constitution of India .
Art . 141 : Law declared by Supreme Court to be binding on all courts – Covid -19 – Limitation – State and Central Acts – Directions issued for exclusion of period from March 15, 2020 to March 14, 2021 — Remaining period to apply from March 14, 2021- [ Arbitration and Conciliation Act, 1996 S, 23(4) , 29A, Commercial Courts Act, 2015 , S.12A, Negotiable Instruments Act, 1881, S.138 ]
Income Declaration Scheme , 2016
S. 191 : Tax paid under the Scheme shall not be refunded – Paid two instalments – Default in paying final instalment – Not entitle to get the refund already pad . [ S. 183, 185 Art, 226 ]
S. 275 : Penalty-Bar of limitation-limitation begins to run from date of order of Appellate Tribunal was served upon Commissioner (Judicial). [S. 271(1)(c), 275(1)(a)]
S. 271D : Penalty-Takes or accepts any loan or deposit-Amount received from sister concern in a running account were held not to constitute as an infraction under Section 269SS-Tribunal should have remanded matter back-Order of penalty was set aside. [S. 254(1), 269SS]
S. 271D : Penalty-Takes or accepts any loan or deposit-Depositors belonged to rural areas where adequate banking facilities were not available-Deletion of penalty is held to be justified. [S. 269SS]