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Income Tax - Highlights / Catch Notes

Home Highlights March 2015 Year 2015 This

Diversion of JV receipts - ITAT did not fall into error of law, ...

Income Tax

March 4, 2015

Diversion of JV receipts - ITAT did not fall into error of law, in holding that the JV was not an association of persons and liable to be taxed on that basis - HC

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  1. Capital receipt or revenue receipt - receipt of compensation under JV agreement - surrender of certain rights - there as no impairment of source of income - taxable as...

  2. Formation of Association of persons (AOP) - The internal division of responsibility by the consortium members and the recognition thereof cannot dislodge the legal...

  3. Diversion of income - Joint venture - If each member of the JV offered the income derived from respective share of contract works in their hands it is not possible to...

  4. Joint Venture - taxable services provided by the members of the Joint Venture (JV) to the JV and vice versa and inter se between the members of the JV-reg.

  5. Status of society - Artificial Juridical Person (AJP) or Association of persons (AOP) - Once a body/society is incorporated under a statute, it becomes juridical person - HC

  6. Club and Association Service - The ‘club or association’ was earlier defined under section 65(25a) and 65(25aa) to mean ‘any person’ or ‘body or persons’ providing...

  7. Eligible to claim deduction u/s 80IA - Contracts awarded to JVs - constituents of JVs are eligible to claim deduction u/s 80IA

  8. Determination of the income of the assessee JV - the profit or loss arising from execution of such work would flow individually to the members of the assessee JV.

  9. Diversion of income by overriding title - obligation of attached to income or to its source - trading receipt or not - Matter remanded back to CIT(A) to readjudicate the issue - SC

  10. Diversion by overriding title - maintaining an "infrastructure fund" to which a fixed portion of its receipts is credited and out of which infrastructure related...

 

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