Kolkata ITAT allows Sec.
10AA benefit to assessee in respect of international trading, warehousing and
consultancy income for AY 2009-10; ITAT acknowledges that trading activity
is not expressly covered u/s 10AA, but observes that as per the Special
Economic Zone Act, 2005 (SEZ Act) and its Rules, 2006, definition of
‘service’ included trading activity; Rejects Revenue’s stand that the
‘service’ definition as specified in SEZ Act cannot be imported for the purpose
of the income tax, referring to Sec. 51(1) of the SEZ Act, ITAT holds that “the
provisions as specified under the SEZ Act, 2005 would have overriding effect on
the Income Tax Act because SEZ Act is a Special Act and a later Act of the
Parliament.”, relies on co-ordinate bench ruling in assessee’s own case of
earlier year; Likewise, notes that the definition of ‘service’ under SEZ rules
include ‘warehousing activity’ also, therefore holds that the warehousing
income qualifies for exemption u/s. 10AA on the same reasoning as that given
for trading activity; Further, notes that consultancy services
rendered by assessee were intrinsically linked to the normal import-export activity
carried on by assessee and the same are covered under the head ‘other business
service’ of SEZ Rules by applying ejusdem generis:ITAT
Subscribe to:
Post Comments (Atom)
Taxability of Crypto Derivatives Under Indian Income-tax Law
The Finance Act, 2022 introduced India's first dedicated tax regime for Virtual Digital Assets (VDAs) through Sections 2(47A), 115BBH ...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
Recently, in a significant taxpayer-friendly ruling, the Hon’ble Mumbai ITAT, in the case of Nikesh Bhagwandas Mehta vs. ITO , has clarifi...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC)on imposition of penalty on directors of a company under the Ce...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
"whether tds should be deducted u/s 194C for payment made to travel agent for booking of airline tickets by a company for its employee...
-
This Tax Alert summarizes a recent judgement of the Kerala High Court (HC) 1 upholding the validity of GST notifications 2 extending the t...
-
Any tax, interest, penalty, fine or any other sum payable by virtue of an order passed under the Income Tax Act as specified in the ...
-
The India-Mauritius DTAA, which entered into force on 1 April 1983, was amended by way of Protocol signed on 10 May 2016 [1] (2016 Protoc...
-
The Delhi High Court (HC) [1] has recently ruled in favor of the Revenue on the issue of taxability of cost reimbursements received by a ...
No comments:
Post a Comment