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Online payment of Taxes and Filings The document provides a comprehensive list of online tax-related services and portals for Indian taxpayers. It covers multiple tax domains including Income Tax, PAN Card services, Goods and Services Tax (GST), and TDS services. The resource outlines various online processes such as registration, payment, status checks, filing returns, and accessing different tax-related platforms through government and authorized websites.
2025 (4) TMI 1304 - ITAT MUMBAI Singapore-based company successfully challenged tax assessments regarding service charges from Indian group companies. The SC/Tribunal ruled that Infrastructure Data Centre charges, referral fees, management service fees, and member login fees do not constitute royalty or technical services under the Income Tax Act and India-Singapore DTAA. The key principle was absence of transferring technical knowledge or proprietary rights, resulting in deletion of tax additions and favoring the taxpayer's interpretation.
2021 (10) TMI 14 - ITAT MUMBAI Income accrued in India - Taxability of infrastructure data centre (IDC) charges as royalty - HELD THAT:- As decided in own case [ 2021 (1) TMI 76 - ITAT MUMBAI] we hold that IDC charges received by the assessee is not in the nature of royalty. Accordingly, additions are deleted. Addition of other service charges (referral fee) as royalty - HELD THAT:- As decided in own case [ 2021 (1) TMI 76 - ITAT MUMBAI] we hold that referral fee received by the assessee is not in the nature of royalty. Accor... ... ...
2022 (12) TMI 1563 - ITAT MUMBAI SC Tribunal analyzed taxability of charges received by Singapore-based company from Indian group companies under Income Tax Act and India-Singapore DTAA. Tribunal held that Infrastructure Data Centre charges, referral fees, and member login fees do not constitute royalty. Deleted tax additions totaling approximately Rs. 3.69 crore, finding no transfer of intellectual property or technical knowledge warranting royalty classification. Followed consistent precedents supporting assessee's position.
2024 (5) TMI 160 - ITAT DELHI Income deemed to accrue or arise in India - FTS/FIS - receipts pertaining to supply of software (including AMC services) - DR held software licence fee will not constitute royalty income but business income under Article 7 of India- USA DTAA which is not taxable in India in the absence of PE of the assessee. HELD THAT:- Assessee is a tax resident of USA and has opted to be governed by the provisions of India-USA DTAA. Also, the assessee does not have a PE in India. The assessee had entered into ... ... ...
2024 (12) TMI 1336 - ITAT DELHI Income deemed to accrue or arise in India - Royalty/Fee for Technical services ( FTS ) under Article 12 of the India-Singapore DTAA - receipts from data center related services and receipts from provision of advertisement space - Assessee does not have a presence in India or Permanent Establishment ( PE ) in India under Article 5 of the DTAA HELD THAT:- We find from the perusal of the Schedule 1 of the inter-company Service Agreement enumerating the list and description of services rendered, tha... ... ...
2023 (3) TMI 256 - ITAT DELHI Deduction u/s 80IA - Disallowance of claim as assessee failed to file its return of income within the time prescribed under subsection (1) of Section 139 - filing of the return within such stipulated period was pre-requisite for claim of deduction under this section - CIT-A deleted the addition - HELD THAT:- In the present case, however, the return of income of the assessee for AY 2012-13 was filed beyond the prescribed time limit u/s 139(1) of the Act. For that the ld.CIT(A) has recorded a cate... ... ...
2022 (5) TMI 1423 - ITAT MUMBAI TP Adjustment - ALP of international transaction of assessee - selection of MAM - Assessee seeked to change most appropriate method from TNMM to the other method - adoption of other method prescribed under Rule 10AB of the Income Tax Rules as the most appropriate method for benchmarking services income - HELD THAT:- We see no harm in allowing the assessee to change most appropriate method from TNMM to the other method . This is more so because, the original MAM i.e. e Transactional Net Margin Me... ... ...
2024 (11) TMI 1115 - MADHYA PRADESH HIGH COURT Validity of assessment/re-assessment proceedings against entity as amalgamated/ non existent entity - HELD THAT:- The petitioner entity was amalgamated into MPIDC and liabilities were transferred thereunder. The respondent, in reply, no where stated that the department was not aware with the facts of amalgamation or the petitioner had ever suppressed the amalgamation proceedings, rather, the respondent himself admitted that the after the amalgamation in the year 2018, during the course of 148A p... ... ...
Master Circular for Stock Brokers The Securities and Exchange Board of India (SEBI) has issued a Master Circular consolidating various guidelines and directives applicable to stock brokers. This document is intended to provide a comprehensive reference for stock brokers by compiling relevant circulars and updates. The circular covers a wide range of topics, including registration requirements, trading account opening procedures, supervision and oversight, and technology-related guidelines. It also addresses issues related to client dealings, such as the regulation of transactions, collateral management, and unauthorized trading. Furthermore, the circular outlines the conditions for internet-based trading, algorithmic trading, and the use of wireless technology in trading. It emphasizes compliance with SEBI regulations and the importance of maintaining proper records and systems to ensure market integrity and investor protection.
2017 (12) TMI 1580 - Bombay High Court Legality and constitutional validity of certain provisions of the Real Estate (Regulation and Development) Act, 2016 - declaration is sought that the first proviso to Section 3 (1), Section 3 (2)(a) & (c), Explanation to Section 3, Sections 4(2)(c) & 4(2) (d) (e) (f) (g) (k), Sections 4 (2) (l) (C) and 4 (2) (l) (D), Sections 5(1)(b), 5 (3) and the first proviso to Section 6 of the RERA are unconstitutional, illegal, ultra vires, without jurisdiction and without authority of law. Held that:- The... ... ...
Master Circular on Foreign Investment in India ((Amended upto April 08, 2015) The Master Circular on Foreign Investment in India, updated as of April 8, 2015, consolidates the regulatory framework under the Foreign Exchange Management Act, 1999, governing foreign investments in India. It covers Foreign Direct Investment (FDI), Portfolio Investment Scheme (PIS), and other foreign investments, detailing entry routes, eligibility, types of instruments, pricing guidelines, and reporting requirements. The sector-specific policies, prohibited sectors, and guidelines for calculating total foreign investment, ownership transfer, and downstream investments. It also addresses investments in Limited Liability Partnerships (LLPs), partnership firms, and proprietary concerns, specifying conditions and restrictions for non-resident investors.
IDFC FIRST Bank Goes Live on Direct Tax Collection System of CBDT IDFC FIRST Bank has been authorized by the Government of India and the Reserve Bank of India to collect direct taxes on behalf of the Central Board of Direct Taxes (CBDT). The bank has integrated with the Income Tax Portal, allowing its customers to pay direct taxes through its online and branch services. This development enhances the bank's offerings, making tax payments more accessible and efficient for its clients. IDFC FIRST Bank continues to focus on customer-friendly and ethical banking practices, offering a range of services across various sectors, and is committed to promoting financial inclusion and maintaining high asset quality.
2018 (7) TMI 294 - ITAT HYDERABAD TDS u/s 195 - payment to M/s. Balanced Scorecard Collaborative inc. of USA, towards affiliation fee - AO held that the fee paid as royalty within the meaning of clause (vi)(b) of Sub-section (1) of Section 9 - transfer of technical know-how or technical knowledge - PE in India - Held that:- Assessee being management consultant, the agreement with M/s. Balanced Scorecard Collaborative inc. of USA, had this high sounding management terminology, but put it simply assessee has paid only the affiliat... ... ...
FICCI PRE-BUDGET MEMORANDUM 2018-2019 A pre-budget memorandum by FICCI for 2018-2019 highlights various economic and sectoral issues, emphasizing the need for tax reforms to stimulate growth. Key recommendations include reducing corporate tax rates to 25% for all companies, addressing the inverted duty structure in manufacturing, and expanding GST to include petroleum products. The memorandum advocates for rationalizing GST compliance, enhancing tax incentives for sectors like healthcare and housing, and improving the ease of doing business. It also calls for clarity on tax provisions affecting sectors such as IT, telecommunications, and financial services, and suggests measures to support MSMEs and infrastructure development.
Master Circular on Foreign Investment in India The Master Circular on Foreign Investment in India, issued by the Reserve Bank of India (RBI), consolidates the regulatory framework for foreign investments under the Foreign Exchange Management Act (FEMA), 1999. It includes guidelines for Foreign Direct Investment (FDI), Portfolio Investment Scheme (PIS), and other foreign investments. The circular outlines the entry routes for foreign investments, eligibility criteria, types of instruments, pricing guidelines, and sector-specific policies. It also covers the procedures for reporting foreign investments, the issuance of shares, and the transfer of shares between residents and non-residents. Additionally, it addresses investments in Limited Liability Partnerships (LLPs) and partnership firms, providing detailed instructions for authorized dealer banks and investors. The circular is periodically updated to incorporate new instructions and regulatory changes.
The circular outlines the procedure for electronic filing and payment of Central Excise and Service Tax through the Automation of Central Excise and Service Tax (ACES) system, effective from April 1, 2010. It mandates e-filing and e-payment for assessees who paid over ten lakh rupees in the previous financial year. The ACES system offers modules for registration, returns, refunds, dispute resolution, and more, aiming to enhance efficiency, transparency, and taxpayer services. It provides benefits such as reduced paperwork, online tracking, and internal messaging. Detailed instructions for registration, e-filing, and e-payment processes are included, along with system requirements and support resources.
The circular issued by the Government of India outlines the procedures for electronic filing of Central Excise and Service Tax returns and electronic payment of taxes through the Automation of Central Excise and Service Tax (ACES) system. It mandates electronic filing and payment for assessees who paid Rs. 10 Lakhs or more in the previous financial year. The ACES system aims to enhance taxpayer services by automating processes like registration, returns, refunds, and dispute resolution. It provides benefits such as reduced physical interaction with the department, online registration, and tracking of documents. The circular also details registration processes for new and existing assessees, e-filing steps, and the importance of timely filing.
2025 (2) TMI 43 - ITAT KOLKATA TDS u/s 195 - payment was in the nature of consultancy/advisory services - PE in India or not? - payment made to the Star Consortium Pvt. Ltd., Singapore as Fees for Technical Services u/s 9(1)(vii) and Article 12 of the India Singapore-DTAA, as the services provided by foreign entity was consultancy in nature - HELD THAT:- During the year both the assessee as well as the recipient were non-resident. The assessee was a Director with 50% share holding in SCPL of Singapore. However, SCPL was a com... ... ...
RECENT DEVELOPMENTS IN GST The Asian Development Bank projects India's economic growth at 7% for FY 2024-25, with the OECD and RBI estimating 6.7% and 7.2% respectively. The CBIC has set dates for implementing GST-related provisions of the Finance (No. 2) Act, 2024, and the GST Appellate Tribunal will handle anti-profiteering cases from April 2025, replacing the Competition Commission of India. The GST Council is deliberating the continuation of the compensation cess beyond March 2026. September 2024 saw a 6.5% year-on-year increase in GST collections, totaling Rs. 1.73 trillion. The GSTN has introduced advisories on invoice management and data archival.
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