Array ( [0] => ..... earlier in this judgment for the opinion of the ct.7. section 10, income-tax act, provides:'the tax shall be payable by an assessee under the head 'profits & gains of business........' in respect of the profits or gains of any business.... carried on ..... -44. on the other hand, the assessees claimed that this amount could not be regarded as profits under section 10(2) (vii), income-tax act, but the taxing authorities assessed the amount to tax & that view was upheld by the appelpellate tribunal. as i have stated, the appelpellate tribunal on being requested framed the question set out ..... /- received by the appct. co. from the govt. of india in the circumstances of this case is taxable as profits under section 10(2) (vii), income-tax act?'2. the assessees are the well known electric supply co. which provide this city with electricity. the assessees had a standby electricity generating plant at bhatpara about ..... [1] => ..... carrying on no business there; they are, in fact, prevented from earning any income there; they are not liable to income tax on capital gains under the mauritius income tax act. they are liable to pay income-tax under indian income tax act, 1961, since they do not pay any income-tax on capital gains in mauritius, hence, they are not entitled to the benefit ..... entities are really resident by investigating the center of their management and thereafter to apply the provisions of income tax act, 1961 to the global income earned by them by reason of sections 4 and 5 of the income tax act, 1961.76. it is urged by the learned attorney general and shri salve for the appellants that the phrase ..... law. in the situation where the terms of the dtac have been made applicable by reason of section 90 of the income tax act, 1961, even if they derogate from the provisions of the income tax act, it is not possible to say that this principle of lifting the veil of incorporation should be applied by the court. ..... [2] => ..... was a reproduction of section 49a of the 1922 act. the finance act, 1972 (act 16 of 1972) modified section 90 and brought it into force with effect from 1-4-1972. the object and ..... the granting of relief in respect of income on which, both income tax (including supertax) under the act and income tax in that country, under the income tax act and the corresponding law in force in that country, had been paid. the central government could make such provisions as necessary for implementing the agreement by notification in the official gazette. when the income tax act, 1961 was introduced, section 90 contained therein initially ..... [3] => ..... admissible allowance under sections 10 (1) and 10 (2) (xv) of the indian income-tax act, 1922, came up for consideration before the high court of madras in tax case nos. 91, 92, 99, 102, 110 and 111 of 1961.that court said:'it is true that a capital asset of a trading company is an ..... tax and business-profits-tax in the computation of the 'total income' for the purposes of the income-tax act. a similar provision is lacking in this act, in consequence, no deduction is permissible in respect of wealth tax paid, in calculating 'total income' for the purpose of the income-tax act.' (the three new taxes, page 10).4. section 10 (1) of the indian income-tax act, 1922, provides that the tax ..... of its business for the assessment year 1960-61 under section 10 (2) (xv) of the indian income-tax act'?2. the liability to pay wealth tax arises from the wealth tax act, 1957. the substantive provisions of that act are sections 3 to 7. of these, section 3 is the charging section, it follows closely the language ..... [4] => ..... be proceeded against. another contention put forward by the petitioners is that the recovery proceedings themselves are time-barrier under section 231 of the income-tax act, 1961. 2. the first respondent, the tax recovery officer, has filed a counter-affidavit to the effect that the gift deed having come into existence after the proclamation has been issued regarding ..... been assessed in the years 1947-48 to 1950-51 and 1963-64 and 1964-65. in view of the non-payment of the tax, certificates under section 46(2) of the indian income-tax act, 1922, were issued as early as march 26, 1958, and may 19, 1959. based on the said certificates, recovery proceedings had ..... have got an alternative remedy provided by the status. we are, therefore, of the view that the petitioners should go before the tax recovery officer under rule 11 of schedule ii of the income-tax act to challenge the impugned order said to have been passed by the first respondent. therefore, without going into the merits of the rival ..... [5] => ..... in the facts and circumstances of the case the learned aac of income-tax was not justified in holding that the entire income of shyamasree cinema which is owned by the appellant's wife is to be included in the assessment of the appellant under section 64(iii) of the i.t. act, 1961, 2. that the learned aac should have held on appreciation ..... under section 64(iii) of the i.t. act, 1961. 18. in a recent decision, however, this court in the case of k.d. ghosh v. cit : [1978]111itr502(cal) has considered this question. there, theassessee who was assessed as an individual filed his return for the assessment year 1966-67 showing an income of rs. 6,071. the ito determined the ..... mammon k. cherian v. cit : [1976]102itr553(ker) , on a plot of 20 cents of land belonging to the wife a house was built, inter alia, at the cost of the husband. the tribunal included the entire income from the house in the hands of the husband under section 64(1)(iii) of the i.t. act, 1961. it was held that contribution ..... [6] => ..... j.1. complaints under sections 276b and 278b of the income-tax act, 1961, have been filed against the accused petitioners who are partners of the firm, universal supply corporation. eight complaints have been lodged because, according to the contention of the department, the petitioners failed to deposit tax which was deducted by them while paying interest to eight ..... department but it has been subsequently deposited within four months along with in unrest at 15% per annum as is provided under section 201(1a) of the income-tax act. the total interest deposited is rs. 6,686. it is, in these circumstances, that these applications for grant of anticipatory bail moved by the petitioners are ..... of any sum of money now. so far, notice for imposing penalty as provided in section 221 of the income-tax act has also not been issued. according to learned counsel for the petitioners, the tax along with interest was deposited soon after the mistake came to their notice.3. at present, the only matter ..... [7] => ..... . under the scheme of section 15-c the profits or gains of an industrial undertaking must be determined under and in the manner provided by section 10 of the income-tax act. for that purpose all the allowances under sub-section (2) must be taken into account, and the resultant amount forms a component of the taxable profit. if ..... section (1) of section 15-c are not business profits : they are taxable profits computed in accordance with the provisions of section 10 of the income-tax act. under section 15-c(1) no tax is payable by the industrial undertaking on its taxable profits equal to six per cent per annum of the capital employed. sub-section (4) of ..... profits, for the depreciation for the current and the previous years amounted to rs. 2,83,343 which was an admissible allowance in the computation of income under section 10 of the income-tax act. since full effect could not be given to the allowance, the company was entitled to add to the depreciation for the following year the unabsorbed ..... [8] => ..... central government is satisfied that the petitioners are engaged in the manufacture of one or more of the articles specified in part a of the fifth schedule to the income-tax act, 1961. the petitioners are a public limited company incorporated in 1954 and are said to be engaged during the relevant time in the manufacture of grinding wheels and abrasives, ..... , but to the central board of revenue as it figured then. section 99(1)(iv) of the income-tax act, 1961, reads;(1) super-tax shall not be payable by an assessee in respect of the following amounts which are included in his total income...(iv) if the assessee is a company, any dividend received by it, from an indian company, subject ..... revenue had considered the matter, but it regretted that the request regarding exemption contemplated under the fifth schedule read with section 99(i)(iv) of the income-tax act, 1961 could not be acceded to. there was a further communication on 14th may, 1964 from the secretary to the central board of direct ..... [9] => ..... combination of a machinery provision which also provides for chargeability.27. lastly, on the question of extra-territorial operation of the income- tax act, 1961, it may be noted that the 1961 act has extra-territorial operation in respect of the subject-matters and the subjects which is permissible under article 245 of the ..... , shri kannan kapoor, and shri salil kapoor, learned counsel appearing for various other assessees have adopted the arguments mentioned hereinabove.iii. relevant provisions of the income-tax act, 1961:section 2 - definitions.2.(37a) 'rate or rates in force' or 'rates in force', in relation to an assessment year or financial year, ..... assessability in the hands of the employee-assessee (recipient)? in other words, whether tds provisions under the income-tax act, 1961 are applicable to payments made abroad by the foreign company, which payments are for income chargeable under the head 'salaries' and which are made to expatriates who had rendered services in india? ..... [10] => ..... .: hcl infosystems limited, formerly known as hcl limited, a representative assessee of apollo domain computers, gmbh germany, has filed these two appeals under section 260a of the income tax act, 1961 (act, for short) pertaining to assessment years 1989-90 and 1990-91.2. by order dated 9th october, 2002, ita no.93/2002 was admitted for hearing on the ..... 50,51,050/- ($365,500) by the assessee to m/s apollo domain computers, west germany, under the agreement dated 11.05.1987 was liable to tax under the income tax act, 1961?. 3. as the issue and the substantial questions of law involved in these two appeals are same, they are being disposed of by this common decision. ..... for the sake of clarity we record that the impugned order passed by the income tax appellate tribunal (tribunal, for short) in ita no.93/2002 is dated 14th ..... [11] => ..... , on the facts and in the circumstances of the case, the receipt of the sum of rs. 3,13,651, is taxable under section 45 of the income-tax act, 1961 ?'we reframe the question in the manner indicated above to bring about the true controversy and in order to avoid making any comments or observations on the question whether ..... to acquire foreign exchange by entering into forward contracts with the state bank of india was not a capital asset within the meaning of section 2 (14) of the income-tax act, 1961 ?2. if the answer to question no. 1 is in the negative, then whether on the facts and in the circumstances of the case, the tribunal was ..... a relinquishment or extinguishment of the said right amounting to a transfer within the meaning of section 2 (47) of the income-tax act, 1961, no capital gains arose therefrom which was chargeable under section 45 of the said act the assessee is engaged in the manufacture of jute goods. it wanted to import certain machinery for the production of carpet ..... [12] => ..... s case is that the two entities do have pes in india. it contends that in any event explanation 2 to section 195 of the income tax act 1961 ( act ) (as introduced by the finance act 2012 (fa2012 obviates the need to first establish the existence of a pe before deducting tds while making such payment. this is the basis of ..... as a result of this default of the assessee, the payments made to non- residents as above, are clearly disallowable u/s 40(a)(i) of the income tax act, 1961 and i hold accordingly. 4.22 to sum up the above discussion, the payments made to non-residents are disallowable on the following grounds: ita no.180/2014 ..... : justice s.muralidhar justice prathiba m. singh judgment prathiba m. singh, j.:1. the present appeal under section 260a of the income tax act, 1961 (hereinafter referred to as the act ) challenges the order dated 23rd august, 2013 passed by the income tax appellate tribunal ( itat ) in ita no.5147/del/2010 for the assessment year ( ay ) 2006-07.2. this court ..... [13] => ..... can be covered within the category of other valuable article , alongside money, bullion and jewellery, as mentioned in section 69a of the income tax act, 1961.3. in the general scheme of the income tax act, 1961, direct taxation, except in areas such as e- commerce, is inextricably connected to the ownership and not just possession of the underlying ..... any concept of legal ownership apart from equitable ownership or not or whether under sections 9 and 10 of the indian income tax act, 1922 and sections 22 to 24 of the indian income tax act, 1961, where owner is spoken in respect of the house properties, the legal owner is meant and not the equitable or ..... spare .. . taking a cue from the song s lyrics, it can be appropriately said that the legislature while introducing section 69a to the income tax, act, 1961 by the finance act, 1964, was concerned only with such precious and aspirational articles like bullion and jewellery which are capable of being repositories of hidden earnings but ..... [14] => ..... exercising option. in the event it chose not to exercise the option that amount would become refundable. the assessee claimed depreciation under section 32(1) of the income tax act, 1961 (in short the act) contending that the improvements made and the cost of acquisition is depreciable.3. the assessing officer (ao) rejected the assessee s claim after noticing the relevant ..... argument of the appellant that the term transfer u/s 2(47) has been amended to taken within its ambit even cases of possession u/s 53a of the income-tax act is not of any avail because the term 'ownership' appearing in section 32 has nothing to do with the definition of a 'transfer' a/s 2 (47) ..... in this appeal is as follows:"whether the itat was correct in law in holding that the respondent-assessee is entitled to depreciation under section 32 of the income tax act even when the assessee was not the owner of the property in question and was in possession thereof as a lessee during the year under consideration?. the facts ..... [15] => ..... incidental to the attainment of the objectives of the trust and hence provisions of section 11(l) of the income tax act, 1961, would not be applicable to such income/loss as provided in section 11(4a) of the income tax act, 1961.8. it is prayed that the order of the learned commissioner (appeals) be cancelled and that of the ..... 1996-97. further, no opportunity was afforded to the assessing officer under rule 46a(3) before admitting the additional evidence. the income has to be computed as provided in section 11 of the income tax act, 1961. therefore, the order in question, is perverse in law and on facts.4. the learned commissioner (appeals) is wrong in ..... another for utilization by the donee trust towards its charitable objects is proper application of income for charitable purpose in the hands of the donee trust; and the donor trust will not lose exemption under section 11 of the income tax act, 1961, merely because the donee trust did not spend the donation during the year of receipt ..... [16] => ..... can at all be considered to be the payment made in respect of 'royalty' within the meaning of explanation 2 to section 9(1)(vi) of the income-tax act, 1961. the further question which arises is whether in respect of countries where india has entered into agreements for avoidance of double taxation, the payments fall within the scope ..... -2004, 31-3-2004, 29-6-2004 and 23-9-2004 in the appeals filed under section 248 of the income-tax act, 1961 ('the act'). the assessee filed the appeals under section 248 denying his liability to deduct tax under section 195 in respect of payment made for purchase of software from various concerns abroad.2. since the appeals before ..... because singapore government has specifically granted an exemption it follows that import of software as such is covered by a withholding tax. it is submitted that one has to look at the position under the income-tax act, 1961 and not be guided by the provisions of a foreign statute unless it is shown what the statute deals with, ..... [17] => ..... itd 524 goes against the claim of the assessee.7. the c.i.t. (a) declined to interfere in the matter. according to him section43-b was introduced into the income-tax act,1961 for the specific purpose of curbing the practice of claiming a deduction without payment. the assessee, however, seeks "total claim of deduction for the same amount", once as a deduction ..... . we have looked into the facts of the case. we have considered the rival submissions.14. at the outset we may notice some of the salient principles governing assessment of income to tax under the income-tax act, 1961.it is well settled that the assessment is made with reference to each assessment year with a view to bringing to ..... [18] => ..... and 39 of the code of social security 2020 120 part d a deceased spouse.136 additionally, the provisions of the income tax act 1961 provide numerous tax benefits for payments made on behalf of the spouse. for example, section 80c of the income tax act 1961 permits deduction of the insurance premia paid for the spouse s life insurance policy and section 80d permits deduction of expenses towards ..... and arrange the last rites; and 288 (2018) 5 scc1289 2023 scc online sc99246 part g iv. legal consequences such as succession rights, maintenance, financial benefits such as under the income tax act 1961, rights flowing from employment such as gratuity and family pension and insurance. the report of the committee chaired by the cabinet secretary shall be implemented at the administrative level by ..... [19] => ..... benefits reach the marginalised on the state and its agencies. h.6 constitutional validity of section 139aa of the income tax act 1961 271 section 139aa of the income tax act 1961 which was inserted by the finance act 2017, mandates the quoting of an aadhaar number in the application for a permanent account number (pan) and ..... , the provision satisfies both the tests. we agree with his submission, as section 139aa of the income tax act, 1961 seeks to safeguard the following interest: to prevent income tax evasion by requiring, through an amendment to the income tax act, that the aadhaar number be linked with the pan. 419) the mandatory requirement of quoting/producing ..... on part of the government mandating linking of mobile phones and aadhaar vide dot circular dated march 23, 2017. (ix) section 139aa of the income tax act, 1961 insofar as it violates article 21 by mandating linking aadhaar to pan and requiring aadhaar linkage for filing returns.60) apart from the declaratory reliefs regarding ..... ) Income Tax Act 1961 Section 80rrb Deduction in Respect of Royalty on Patents - Page 4 - Judgments | SooperKanoon Skip to content


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Jan 16 1951 (HC)

Calcutta Electric Supply Corpn. Ltd. Vs. Commr. of Income-tax

Court : Kolkata

Reported in : AIR1951Cal151,55CWN261,[1951]19ITR406(Cal)

..... earlier in this judgment for the opinion of the ct.7. section 10, income-tax act, provides:'the tax shall be payable by an assessee under the head 'profits & gains of business........' in respect of the profits or gains of any business.... carried on ..... -44. on the other hand, the assessees claimed that this amount could not be regarded as profits under section 10(2) (vii), income-tax act, but the taxing authorities assessed the amount to tax & that view was upheld by the appelpellate tribunal. as i have stated, the appelpellate tribunal on being requested framed the question set out ..... /- received by the appct. co. from the govt. of india in the circumstances of this case is taxable as profits under section 10(2) (vii), income-tax act?'2. the assessees are the well known electric supply co. which provide this city with electricity. the assessees had a standby electricity generating plant at bhatpara about .....

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Oct 07 2003 (SC)

Union of India and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Reported in : [2003]263ITR706(SC); [2003]132TAXMAN373(SC)

..... carrying on no business there; they are, in fact, prevented from earning any income there; they are not liable to income tax on capital gains under the mauritius income tax act. they are liable to pay income-tax under indian income tax act, 1961, since they do not pay any income-tax on capital gains in mauritius, hence, they are not entitled to the benefit ..... entities are really resident by investigating the center of their management and thereafter to apply the provisions of income tax act, 1961 to the global income earned by them by reason of sections 4 and 5 of the income tax act, 1961.76. it is urged by the learned attorney general and shri salve for the appellants that the phrase ..... law. in the situation where the terms of the dtac have been made applicable by reason of section 90 of the income tax act, 1961, even if they derogate from the provisions of the income tax act, it is not possible to say that this principle of lifting the veil of incorporation should be applied by the court. .....

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Nov 11 2009 (HC)

Shiva Kant Jha Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : [2009]185TAXMAN424(Delhi)

..... was a reproduction of section 49a of the 1922 act. the finance act, 1972 (act 16 of 1972) modified section 90 and brought it into force with effect from 1-4-1972. the object and ..... the granting of relief in respect of income on which, both income tax (including supertax) under the act and income tax in that country, under the income tax act and the corresponding law in force in that country, had been paid. the central government could make such provisions as necessary for implementing the agreement by notification in the official gazette. when the income tax act, 1961 was introduced, section 90 contained therein initially .....

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Aug 23 1963 (HC)

The Southern India Tea Estates Co. Ltd., Alleppey Vs. the Commissioner ...

Court : Kerala

Reported in : AIR1965Ker146; [1964]51ITR47(Ker)

..... admissible allowance under sections 10 (1) and 10 (2) (xv) of the indian income-tax act, 1922, came up for consideration before the high court of madras in tax case nos. 91, 92, 99, 102, 110 and 111 of 1961.that court said:'it is true that a capital asset of a trading company is an ..... tax and business-profits-tax in the computation of the 'total income' for the purposes of the income-tax act. a similar provision is lacking in this act, in consequence, no deduction is permissible in respect of wealth tax paid, in calculating 'total income' for the purpose of the income-tax act.' (the three new taxes, page 10).4. section 10 (1) of the indian income-tax act, 1922, provides that the tax ..... of its business for the assessment year 1960-61 under section 10 (2) (xv) of the indian income-tax act'?2. the liability to pay wealth tax arises from the wealth tax act, 1957. the substantive provisions of that act are sections 3 to 7. of these, section 3 is the charging section, it follows closely the language .....

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Feb 28 1985 (HC)

P.V. Thyagaraj and anr. Vs. Tax Recovery Officer and anr.

Court : Chennai

Reported in : [1987]165ITR412(Mad)

..... be proceeded against. another contention put forward by the petitioners is that the recovery proceedings themselves are time-barrier under section 231 of the income-tax act, 1961. 2. the first respondent, the tax recovery officer, has filed a counter-affidavit to the effect that the gift deed having come into existence after the proclamation has been issued regarding ..... been assessed in the years 1947-48 to 1950-51 and 1963-64 and 1964-65. in view of the non-payment of the tax, certificates under section 46(2) of the indian income-tax act, 1922, were issued as early as march 26, 1958, and may 19, 1959. based on the said certificates, recovery proceedings had ..... have got an alternative remedy provided by the status. we are, therefore, of the view that the petitioners should go before the tax recovery officer under rule 11 of schedule ii of the income-tax act to challenge the impugned order said to have been passed by the first respondent. therefore, without going into the merits of the rival .....

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Mar 02 1978 (HC)

P.R. Mukherjee Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1979]116ITR554(Cal)

..... in the facts and circumstances of the case the learned aac of income-tax was not justified in holding that the entire income of shyamasree cinema which is owned by the appellant's wife is to be included in the assessment of the appellant under section 64(iii) of the i.t. act, 1961, 2. that the learned aac should have held on appreciation ..... under section 64(iii) of the i.t. act, 1961. 18. in a recent decision, however, this court in the case of k.d. ghosh v. cit : [1978]111itr502(cal) has considered this question. there, theassessee who was assessed as an individual filed his return for the assessment year 1966-67 showing an income of rs. 6,071. the ito determined the ..... mammon k. cherian v. cit : [1976]102itr553(ker) , on a plot of 20 cents of land belonging to the wife a house was built, inter alia, at the cost of the husband. the tribunal included the entire income from the house in the hands of the husband under section 64(1)(iii) of the i.t. act, 1961. it was held that contribution .....

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Jan 30 1989 (HC)

Arun Kumar Sogani and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : [1990]181ITR54(Raj)

..... j.1. complaints under sections 276b and 278b of the income-tax act, 1961, have been filed against the accused petitioners who are partners of the firm, universal supply corporation. eight complaints have been lodged because, according to the contention of the department, the petitioners failed to deposit tax which was deducted by them while paying interest to eight ..... department but it has been subsequently deposited within four months along with in unrest at 15% per annum as is provided under section 201(1a) of the income-tax act. the total interest deposited is rs. 6,686. it is, in these circumstances, that these applications for grant of anticipatory bail moved by the petitioners are ..... of any sum of money now. so far, notice for imposing penalty as provided in section 221 of the income-tax act has also not been issued. according to learned counsel for the petitioners, the tax along with interest was deposited soon after the mistake came to their notice.3. at present, the only matter .....

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Apr 29 1970 (SC)

Commissioner of Income-tax, Madras Vs. S.S. Sivan Pillai and ors.

Court : Supreme Court of India

Reported in : AIR1970SC1667; [1970]77ITR354(SC); [1971]1SCR434

..... . under the scheme of section 15-c the profits or gains of an industrial undertaking must be determined under and in the manner provided by section 10 of the income-tax act. for that purpose all the allowances under sub-section (2) must be taken into account, and the resultant amount forms a component of the taxable profit. if ..... section (1) of section 15-c are not business profits : they are taxable profits computed in accordance with the provisions of section 10 of the income-tax act. under section 15-c(1) no tax is payable by the industrial undertaking on its taxable profits equal to six per cent per annum of the capital employed. sub-section (4) of ..... profits, for the depreciation for the current and the previous years amounted to rs. 2,83,343 which was an admissible allowance in the computation of income under section 10 of the income-tax act. since full effect could not be given to the allowance, the company was entitled to add to the depreciation for the following year the unabsorbed .....

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Dec 01 1965 (HC)

Corborandum Univeral Ltd. Vs. Union of India (Uoi), by the Secretary, ...

Court : Chennai

Reported in : (1966)2MLJ129

..... central government is satisfied that the petitioners are engaged in the manufacture of one or more of the articles specified in part a of the fifth schedule to the income-tax act, 1961. the petitioners are a public limited company incorporated in 1954 and are said to be engaged during the relevant time in the manufacture of grinding wheels and abrasives, ..... , but to the central board of revenue as it figured then. section 99(1)(iv) of the income-tax act, 1961, reads;(1) super-tax shall not be payable by an assessee in respect of the following amounts which are included in his total income...(iv) if the assessee is a company, any dividend received by it, from an indian company, subject ..... revenue had considered the matter, but it regretted that the request regarding exemption contemplated under the fifth schedule read with section 99(i)(iv) of the income-tax act, 1961 could not be acceded to. there was a further communication on 14th may, 1964 from the secretary to the central board of direct .....

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Mar 25 2009 (SC)

Commissioner of Income-tax, New Delhi Vs. Eli Lilly and Company (India ...

Court : Supreme Court of India

Reported in : 2009BusLR418(SC); (2009)223CTR(SC)20; [2009]312ITR225(SC); JT2009(5)SC78; 2009(4)SCALE384; [2009]178TAXMAN505(SC); 2009(4)LC1742(SC); 2009AIRSCW3104

..... combination of a machinery provision which also provides for chargeability.27. lastly, on the question of extra-territorial operation of the income- tax act, 1961, it may be noted that the 1961 act has extra-territorial operation in respect of the subject-matters and the subjects which is permissible under article 245 of the ..... , shri kannan kapoor, and shri salil kapoor, learned counsel appearing for various other assessees have adopted the arguments mentioned hereinabove.iii. relevant provisions of the income-tax act, 1961:section 2 - definitions.2.(37a) 'rate or rates in force' or 'rates in force', in relation to an assessment year or financial year, ..... assessability in the hands of the employee-assessee (recipient)? in other words, whether tds provisions under the income-tax act, 1961 are applicable to payments made abroad by the foreign company, which payments are for income chargeable under the head 'salaries' and which are made to expatriates who had rendered services in india? .....

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