Introduction In the complex realm of international taxation, understanding the nuances of Double Taxation Avoidance Agreements (DTAA) is indispensable. This comprehensive guide aims to demystify the meaning of DTAA, explore its benefits, delve into effective planning and strategies, and shed light on the tricks of the trade. Meaning of DTAA: Decoding the Jargon Double Taxation …
Introduction: Understanding the intricacies of capital gains computation is crucial for taxpayers, especially when it comes to determining allowable expenditures. In a recent case, Fozia Khan (Ms.) v. ITO (2020) 185 ITD 446 (Jaipur)(Trib.), the Tribunal delved into the complexities surrounding the deduction claims made by an assessee who sold a residential house. Let’s explore …
Continue reading “Sale Commission payment held to be allowable as expenditure on Sale of Property”
Introduction: Navigating the labyrinth of tax laws becomes crucial, especially when it comes to intricate situations like the transfer of businesses from sole proprietorships to private limited companies. In a recent case, Ravi Jalan v. DCIT (2020) 181 ITD 284 / 193 DTR 175 / 207 TTJ 38 (Kol.)(Trib.), the Tribunal grappled with the implications …
Continue reading “Conversion of Sole proprietary business to a Private Limited Company”
Introduction: Understanding the intricate provisions of the Income-tax Act, 1961 is crucial, especially when it comes to computing capital gains arising from the transfer of capital assets. In a recent case, ACIT v. Amartara P. Ltd. (2020) 78 ITR 46 (SN) (Mum.)(Trib.), the Tribunal grappled with the implications of Section 45(3) concerning the transfer of …
Introduction: In the intricate world of income taxation, the recent legal battle in the case of Sumit Bhattacharya v. ACIT (2020) has spotlighted the complexities surrounding the assessment of Stock Appreciation Rights (SARs). This blog post delves into the details of the case, shedding light on the evolving landscape of perquisites, particularly in the context …
Introduction: In the intricate realm of income tax, the case of Jalendra Sahoo v. ITO brings to light a compelling scenario where what appears to be a simple salary payment transforms into a complex interplay of business income and taxation. Let’s delve into the details of this case, where the determination of whether certain payments …
Continue reading “Commission from employer is liable to be taxed as business income”
Introduction: In the ever-evolving landscape of international taxation, the case of DIT (IT) v. Sasken Communication Technologies Ltd. brings to light the intricacies surrounding non-compete fees paid to employees rendering services outside India. The crux of the matter hinges on whether these payments are taxable in India or the United States, unraveling a complex web …
Continue reading “Service rendered outside India held to be not taxable in India-DTAA-India-USA”
Introduction: In the intricate world of income tax, the classification of assets as short-term or long-term can significantly impact the tax treatment of gains. A recent case, Neelu Analjit Singh (Mrs.) v. Add. CIT, sheds light on the complexities surrounding the holding period of shares of unlisted companies. Let’s delve into the details of this …
Introduction: In a recent tax dispute between the District Intermediate Educational Office and the Income Tax Officer (TDS) [2023] 150 taxmann.com 439, the Hyderabad Tribunal has delivered a crucial judgment shedding light on the applicability of Section 194J in the context of payments made to contract teachers. The case revolved around whether the payments to …
Introduction: In a recent case, the Income Tax Appellate Tribunal (ITAT) shed light on the tax implications of joint property ownership when the sale deed does not specify the individual shares of the co-owners. The case of Smt. Shivani Madan v. ACIT [2023] 147 taxmann.com 423 (Delhi – Trib.) serves as a crucial precedent in …
