Payment to Non Resident for License to Use Software is Royalty & Requires TDS u/s 195

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The purchase of license to use a software is not the off the shelf purchase of material but is a payment for right to use the copyright material and as such falls within the meaning of royalty even under Article 12(3) of DTA between India and Other countries. Therefore, payment to non resident for the...

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Subsidy in Larger Interest of Public to Create Employment is Capital Receipt: J & K High Court

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Whether subsidy received by an assessee is taxable or not depends on the question whether the said subsidy is capital receipt or revenue receipt.There is no straight-jacket principle of distinguishing a capital receipt from a revenue receipt. It depends upon the circumstances of each case.The nature of the subsidies in each case is separate and...

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Deemed Dividend u/s 2(22)(e) in Hands of Firm Even if it is Not Registered Shareholder of Lender !

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Section 2(22)(e )  of the Income Tax Act brings to tax as deemed dividend to certain payments made by a company  by way of advance or loan to a shareholder or  to payment to concerns in which shareholder holds substantial interest or any payment on behalf of a shareholder or  for the individual benefit of...

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For Depreciation ,Actual Sale Price Should be Reduced , Not Stamp Duty Valuation

The rule of market value as per stamp duty authority valuation was being applied to determine depreciation.This issue reached  Mumbai high Court in  CIT vs Cable Corporation of India Ltd [2011] 336 ITR 56 vide an appeal by Income Tax Department against order of ITAT. Fact of the Depreciation  Case The assessee had sold a...

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Scrutiny notice u/s 143(2) posted within time but served after time limit bad in law !

Service of notice u/s 143(2) is the prime requirement for initiation of scrutiny proceeding under Income Tax Act. Earlier readers were informed of ITAT Indore Bench  order on the same issue in posting titled Receipt of scrutiny notice u/s 143(2) after last date is bad in law ! . Now the same issue of service...

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