1.    CIT Vs Orient Goa Pvt Ltd – Bombay High Court-Section 195 read with 40(a) (i)- In this case the assessee made payments to the non resident company without deducting TDS, the AO was of the view that the TDS was liable to be deducted on the payments accordingly he disallowed the same by invoking the provisions of section 40(a)(i). CIT (A) and the ITAT reversed the order of the AO High Court has affirmed the order of the AO.

(Click here for Analysis)

(Click here for Judgment) 

2.   In this case the issue was whether the exemption can be availed by an assessee who is partly charitable or partly religious.  Accountant Member ultimately held in his proposed order that when law has categorically provided in section 11(1) (a) that the benefits are available to the assessees carrying on activities of charitable as well as religious nature. The Judicial member differs from the view of the accountant member. On a reference to third member the Third member affirm the view of the Accountant Member and allowed the appeal of the assessee.

(Click here for judgment) 

  

3.   The CBDT has recently issued a circular in respect of remittance to be made aboard in relation to the salaries of diplomats.

(Click here for Circular)

      

If you have any query please e-mail at voiceofca@gmail.com.

   

Thanks for your valuable time

"Voice of CA"

CA. Kapil Goel, Moderator-Direct Taxes, Mob:9910272806, cakapilgoel@gmail.com

CA. Sidharth Jain, Co-Moderator, Mob: 9810418700, sidhjasso@yahoo.com

CA. Mukesh K Bansal, Co-Moderator-FEMA, mkak@rediffmail.com