Académique Documents
Professionnel Documents
Culture Documents
Accrual of income
Accrual of income is relevant for: - A resident to determine the year in which income is taxable. taxable - A non-resident (and NOR) to determine not only the year, year but whether income is taxable in India or not. - A person returning t i t or leaving to l i I di India to determine whether income is taxable and d the th year.
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Pays Interest
Indian Resident
Indian Resident
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Taxable in India
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Interest - meaning
Interest is defined in S. 2(28A). It means: - interest on debt of any kind. - service fee or other charge g in respect p of debt, or unutilised credit facility.
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Interest
Loan given in rupees by non-resident No tax relief. Regular tax is payable. Loan g given in foreign g currency y lower rate of tax u/s. 115A on GROSS interest. No expenses are allowed. allowed
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II. Loan by infrastructure debt fund: Tax is p payable y @ 5% [p [plus SC & EC] ] on GROSS interest.
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Tax on Interest
Can one earn interest out of own self? ABN Amro Kolkata Tribunal. Interest payable by branch to HO is not deductible. Dresdner Bank Mumbai Tribunal. Interest earned by branch from HO is taxable.
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Royalty - meaning
Consideration including lumpsum consideration for various kinds of uses of properties as under: i) Patent, etc. (generally IPR is patented pa e ed) ). - Transfer of all or any rights (including grant of a licence) - Imparting of information concerning the working of, of or the use of the properties. properties - Use of the properties. 22
Royalty - meaning
ii) Technical, Technical industrial industrial, commercial or scientific knowledge, experience or skill: - Imparting I i of f information i f i concerning i the h above. iii) Industrial, equipment (excluding S.44BB payments oil exploration related): - Use or right to use the above.
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Royalty - meaning
iv) Copyright, literary, artistic or scientific work including films, . (generally there is a copyright): - Transfer of all or any rights (including grant g a o of a licence). ) However sale, distribution or exhibition of cinematograph films is excluded. excluded v) Rendering of any services in connection with the activities referred to above. above
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Royalty - meaning
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Royalty - meaning
Finance Act 2012 Explanations 4,5 and 6 inserted with effect from 1.6.1976. Right to use software irrespective of the medium.
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Royalty - meaning
Finance Act 2012 contd contd It is not relevant whether right, property or i f information: i - is in possession or control of payer. - is used directly by the payer. - is located in India or not. not Process shall mean transmission by satellite whether the process is secret or not. not
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FTS - meaning
Consideration including g lumpsum p consideration for: - rendering managerial, managerial technical or consultancy services. - provision of services of technical or other personnel. However H it does d not t include i l d consideration: id ti - for any construction, etc. - which amount to salaries.
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PE includes a fixed place of business through which business is wholly or partly carried on. Fixed place of business not defined.
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