Chapter XII-DA - SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME OF DOMESTIC COMPANY FOR BUY-BACK OF SHARES (From Section 115QA to Section 115QC)
Part C - Procedure for filing of return in respect of fringe benefits, assessment and payment of tax in respect thereof (From Section 115WD to Section 115WM)
Chapter XX-B - REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX (From Section 269SS to Section 269TT)
Foreign company residence rule: prescribed notifications can apply domestic tax rules, and non compliance may trigger recomputation and amendment. A foreign company newly said to be resident in India may be brought within the domestic tax regime for that previous year by notification prescribing exceptions and adaptations to apply provisions on income computation, depreciation, loss set off, collection and anti avoidance; notifications are laid before Parliament. If benefits granted under such notification are later found to be conditional and conditions are not met, those benefits are deemed wrongly allowed and the Assessing Officer may re compute and amend the total income as if the notification had not applied, using the amendment procedure tied to the year of non compliance.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Foreign company residence rule: prescribed notifications can apply domestic tax rules, and non compliance may trigger recomputation and amendment.
A foreign company newly said to be resident in India may be brought within the domestic tax regime for that previous year by notification prescribing exceptions and adaptations to apply provisions on income computation, depreciation, loss set off, collection and anti avoidance; notifications are laid before Parliament. If benefits granted under such notification are later found to be conditional and conditions are not met, those benefits are deemed wrongly allowed and the Assessing Officer may re compute and amend the total income as if the notification had not applied, using the amendment procedure tied to the year of non compliance.
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