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Films Shooting Abroad Gets TDS Compliance Relief !

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Bollywood films shooting abroad  require help of foreign based service providers for arranging various kinds of jobs critical to the film shooting in the foreign locations .In this connection, however , a controversy of TDS compliance  issue whether payments made to non resident service providers should suffer tax at source.This was the issue before  ITAT [...]

Draft Order Can Not give Rise to Demand for Any Other Purpose.

The assessee ,a non-resident company operates in India with branches at New Delhi and Mumbai and is engaged in the business of providing consultancy on strategic planning and related activities. The assessee has filed returns in India from assessment year 1993-94. On 8-1-2010 the petitioner made an application under section 195(3) of the Income-tax Act, [...]

Interest Paid By Branch to Principal Non Resident Company based at Netherland Not Taxable !

The assessee was a foreign company incorporated in Netherlands having its principal branch office in India. In course of its banking activities, the assessee?s said branch in India remitted substantial funds to its head office as payment of interest. The two question raised before Kolkata High Court was whether such interest payment was to be [...]

Technical Fee or Royalty : No TDS on Pocket Expenses to Non Resident Training Personnel

The assessee entered into technical assistance agreement dated 5-10-1984 with a Japanese company M/s Mazda Motor Corporation envisaging transfer of rights to assemble and manufacture certain vehicles in India. As per the said agreement, the assessee was to be given the assistance of Japanese engineers for training the engineers of the assessee. The payment made [...]

Section 195:A.O Can’t Reopen Assessment Without Valid Reason?

Monitor Group Holdings Netherlands B.V.,is a subsidiary of a Dutch Company which in turn is a wholly owned subsidiary of Monitor Company Group L.P. United States. During the course of Assessment Year 2004-05, the Petitioner made a payment of Rs. 1.56 crores to its U.S. based principal.This, according to the assessee , was a reimbursement [...]