Month: May 2012

Why Software Income Is Not Taxable Despite Retro Law In Finance Act 2012

The verdict in B4U International has sent shock waves across the Country because it implies that the retrospective amendments in the Finance Act 2012 to the definition of the term “royalty” so as to rope in software income and equipment hire charges are infructuous in the absence of a corresponding amendment to the definition of that term in the DTAA. The author puts the issue in perspective and explores the way forward for the Government

Posted in legislation

Dear UK Govt, Heal Thyself Before Preaching To India About Vodafone

The UK Govt’s not-so-subtle threats to India over the Vodafone retrospective amendments have irked the author. The author cites two controversial retrospective amendments effected in the UK to supersede well settled judicial precedents and fumes that a Government which itself indulges in questionable legislative practices has no right to preach to others

Posted in judiciary

Wanted Urgently: President For The Tribunal

The author dares to ask the question that has been troubling tax professionals across the Country. Why is the Government not appointing a President for the Tribunal? It’s been 23 months since the last President retired and the studied indifference of the Government towards filling the vacancy in this august Institution is sending a wrong message to the Members of the Tribunal and the litigating public, says the author. The author urges the Government to shed its indifference and get its act together before the prestige that this great Institution commands begins to erode

Posted in judiciary, legislation

Dear Department, Will You End Your TDS & Refund Harassment Now?

The author, one of the innumerable victims of the department’s gross inefficiency in matters of TDS credit & refunds, sees a ray of hope in the High Court’s tough stand in seeking to rein in the department. The author urges all affected tax payers to raise their voices against the department’s harassment and strengthen the Court’s hands

Posted in judiciary

An End To The Loot In the Name of “Haj Subsidy”

The author compliments the Supreme Court for its sagacity in dealing with a potentially explosive communal issue in a sensible & mature manner whilst rapping the Government hard on its knuckles for perpetrating loot by the system of patronage and granting of favours in the guise of the “Goodwill Hajj Delegation”

Posted in judiciary

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