Court : Delhi
..... section 92ca of the income tax act, 1961 by finance act, 2012. (ii) whether amp expenses incurred by the assessee in india can be treated and categorized as an international transaction under section 92b of the income tax act, 1961? (iii) whether under chapter x of the income tax act, 1961, a transfer pricing ..... ) the bright line test was judicial legislation. by validating the bright line test the special bench in lg electronics case (supra) went beyond chapter x of the act. even international tax jurisprudence and commentaries do not recognise blt for bifurcation of routine and non-routine expenses. (ix) segregation of aggregated transactions ..... an international transaction 51. the central issue concerning the existence of an international transaction regarding amp expenses requires the interpretation of provisions of chapter x of the act, and to determine whether the revenue has been able to show prima facie the existence of international transaction involving amp between the assessee and .....
Tag this Judgment!Court : Delhi
..... to section 92ca of the income tax act, 1961 by finance act, 2012. (ii) whether amp expenses incurred by the assessee in india can be treated and categorized as an international transaction under section 92b of the income tax act, 1961? (iii) whether under chapter x of the income tax act, 1961, a transfer pricing adjustment ..... . (viii) the bright line test was judicial legislation. by validating the bright line test the special bench in lg electronics case went beyond chapter x of the act. even international tax jurisprudence and commentaries do not recognise blt for bifurcation of routine and non-routine expenses. (ix) segregation of aggregated transactions ..... present case) also got some advantage by such expenditure. ? 17. however, the itat pointed out that this proposition underwent a change because of chapter x of the act, which requires the computation of income from international transactions having regard to alp. accordingly, it was held that once there was an international transaction .....
Tag this Judgment!Court : Delhi
..... to section 92ca of the income tax act, 1961 by finance act, 2012. (ii)whether amp expenses incurred by the assessee in india can be treated and categorized as an international transaction under section 92b of the income tax act, 1961? (iii) whether under chapter x of the income tax act, 1961, a transfer pricing adjustment can ..... section 92ca of the income tax act, 1961 by the finance act, 2012. 2. whether amp expenses incurred by the assessee in india can be treated and categorized as an international transaction under section 92b of the income tax act, 1961? 3. whether under chapter x of the income tax act, 1961, a transfer pricing adjustment ..... impermissible. (viii) the bright line test was judicial legislation. by validating the bright line test the special bench in lg electronics case went beyond chapter x of the act. even international tax jurisprudence and commentaries do not recognise blt for bifurcation of routine and non-routine expenses. (ix) segregation of aggregated transactions .....
Tag this Judgment!Court : Supreme Court of India
..... entry of goods into the limits of the city, when these goods are for consumption, use or sale. the tax is to be levied in accordance with the provisions of chapter xib. it, however, specifically excludes octroi, as defined in section 2(42. it also becomes clear that octroi is a cess on the entry of goods into the ..... local body tax means a tax on the entry of goods into the limits of the city, for consumption, use or sale therein, levied in accordance with the provisions of chapter xib, but does not include cess as defined in clause (6a) and octroi as defined in clause (42); xx xx xx (42) octroi means a cess on the ..... india' (unless specific relaxation has been permitted by the rbi) sodexo shall adhere to the provisions of the prevention of money laundering act and ruled framed thereunder. further, the guidelines on know your customer/anti-money laundering/ combating financing of terrorism issued by the rbi to banks, from time to time shall apply mutatis mutandis to the entity. thus, as per .....
Tag this Judgment!Court : Karnataka
..... and the order passed by the deputy commissioner of income tax, circle-11(5), bangalore.2. the respondent-assessee is an undertaking of government of karnataka engaged in financing industrial units. during the assessment year 2009-10, the assessee had made investments to the tune of rs.1,24,04,17,118/- in securities on which ..... without any basis or assigning any reason whatsoever, the disallowance was rightly set aside by the appellate authorities. as per the provisions of section 14a of the act, the assessing officer shall determine the amount of expenditure incurred in relation to exempt income which does not form part of the total income, if he was ..... total income 5 (1) for the purposes of computing the total income under this chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under this act. (2) the assessing officer shall determine the amount of expenditure incurred in relation .....
Tag this Judgment!Court : Chennai
..... , the department has introduced a scheme called "kar vivad samadhan scheme - 1998" (hereinafter referred to as the scheme) in exercise of powers conferred under chapter iv of the finance (no.2) act, 1998. therefore, without prejudice to the appeal preferred, the vendor has chosen to avail the benefit of the scheme. accordingly, on 30.01.1999, ..... been filed by such declarant. now therefore in exercise of the powers conferred by sub-section (2) of section 90 read with section 91 of the finance (no.2) act, 1988, the designated authority hereby issues this certificate to the said declarant (i) certifying the receipt of payment from the declarant towards full and final settlement ..... this declaration. (b) i am not disqualified in any manner from making a declaration under the scheme with reference to the provisions of section 95 of finance (no.2) act, 1988..." 12. this declaration was made by the vendor on 30.01.1999. a perusal of the declaration would indicate that the alleged disputed quantum of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... their able assistance, we have perused the documents placed on record and, in particular, the government resolution dated 5th february, 1990, issued by the finance department, government of maharashtra, mantralaya, mumbai. the introductory part of the said resolution reads thus: government has sanctioned rates of house rent allowance to ..... mantralaya, mumbai i.e. respondent no.2, can take away the protection granted by the government resolution dated 5th february, 1990, issued by the finance department, government of maharashtra, mantralaya, mumbai, in favour of the employees working in rural areas, wherein the condition prescribed in respect of employees in ..... steps. the provisions of section 248 of the maharashtra zilla parishads and panchayat samitis act, 1961 reads thus: 248. recruitment and conditions of service of persons serving the zilla parishad. subject to the provisions of this chapter, the state government may make rules regulating - (a) the recruitment (including reservation .....
Tag this Judgment!Court : Mumbai
..... tribunal, and the appeals of the petitioner for the assessment years 1994-95 and 1995-96, were pending before the commissioner of income tax (appeals). 4. the finance act, 1998 introduced the kvss, 1998 with effect from 1 september, 1998 providing for settlement of tax disputes pending as on 1 september, 1998. under the kvss 1998, ..... prosecution for the enforcement of the civil liabilities. the petitioner admittedly at the time when he filed his declaration was being prosecuted for offences of cheating under chapter xvii of the indian penal code. so far as the petitioner is concerned, he does not fall within the class of the persons against whom proceedings have ..... the petitioner himself undisputedly falls within a section 95(iii) of the kvss 1998, in as much as a prosecution has been instituted against the petitioner under chapter xvii of the indian penal code prior to his filing a declaration under the kvss 1998. the rationale for excluding a person against whom prosecution has been launched .....
Tag this Judgment!Court : Mumbai
..... the said section continued in clause (c) of the 1st proviso to section 127b(1), till 06-08-2014. it was only when section 127b(1) was amended, by finance (no.2) act, 2014, that reference to section 28ab ?, in clause (c) of the 1st proviso to section 127b(1) was substituted with section 28aa ?. 32. in the present case, admittedly ..... (c) of the 1st proviso to section 127b(1). in fact, to bring it in line with the other provisions of the act, section 127b was also thereafter amended by finance (no.2) act, 2014. the notes on clauses of the finance (no.2) bill, 2014 inter alia mentions that clause 78 of the bill seeks to amend clause (c) of the 1st ..... make note of the relevant provisions of the customs act. 25. chapter xiv-a of the customs act, 1962 deals with settlement of cases. this chapter contains sections 127a to 127n and was inserted w.e.f. 01-08-1998 by section 102 of finance (no.2) act, 1998 (21 of 1998). the object for inserting this chapter was that the door to settlement with an .....
Tag this Judgment!Court : Jharkhand
..... reasonable opportunity to meet the allegations contained in the charge- sheet. such a charge-sheet can only be issued upon approval by the appointing authority i.e. finance minister.46. accepting the submission of ms indira jaising would run counter to the well-known maxim delegatus non potest delegare (or delegari). the principle is summed ..... empowered to delegate it to another. the same principle has been described in administrative law, by h.w.r. wade & c.f. forsyth (9th edn.), chapter 10, as follows: inalienable discretionary power an element which is essential to the lawful exercise of power is that it should be exercised by the authority upon whom ..... proceeding is also in relation to six charges. the charges which are part of the departmental proceeding also do reflect not only allegations of criminal culpability, but acts of official misconduct in discharge of duties by the delinquent employee. nothing more needs to be observed at this stage on the merits of the allegations as .....
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