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Messages - kotreshmg

#1
My CEO is to head opperations in Europe and will be staying there for more than 182 days.  Salary is to be paid in Indian Rupees and to his account in India.  What should be rate ot TDS.
#2
I would like to know conditions to be satisfied to treat one as a PE in India.  The background is as under:

I have a contract with a US Company for installation and commissioning of machine in India.  The Engineers hav arrived and now being put up in a residential accomodation.  Whether the residential accomodation wherein they may perform the contract, be treat as a PE of the US company.  No contract is entered in India with the engineers.  They have no right to contract with any one.  All that they have to do is to perform the predefined task and pack off.  They will be India for more 182 days.
#3
Discussion / Re: need help on 147
May 06, 2008, 02:44:57 PM
147 is not a complicated procedure,  all one needs to do is first ascertain the reason from the person whether he has the received the notice or how it has come to him.  if it is not served on him, donot reply. Service of Notice under 148 in proper manner 282 is very important.  You neednot reply if it served on person other than the one mentioned in notice.

Then challenge the reasons, in many cases, there will no reasons and whereever there are reasons, they are absurd and illogical.

Ensure that all facts were disclosed in the first instance itself and fight that no new material is there or reassessment is mere change of opinion.
#4
I also need an ITR or CTR or Taxmann citation.
#5
Click the following link, you will go Supreme Court Web site where you get it free.

http://www.judis.nic.in/supremecourt/qrydisp.aspx?filename=19427
#6
Discussion / Re: Indexation
May 06, 2008, 02:11:10 PM
The issue is whether there is a transfer thorugh a will or partition.  There is no transfer when a bequeathal is made nor when a partition happens.  It is only assertion of a preexisting right. 
Mumbai ITAT matter is quite different from the facts mentioned in your question. 
In a Will, the asset bequethed will devolve on the person named in the will, and continues the ownership, as the testator cannot hold the property anymore due his death.
In a partition, a new right, title and interest is acquired by the coparcener in his individaul capacity for the first time.

I donot think, you can compare the facts with the mumbai ITAT.290 itr.  Not correct.
#7
I share the same view as that of Sri Kanaraj, as it is advantageous and one can take the benefit of depreciation, which otherwise will go out of pocket for ever