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)
Transfer causing income to flow to non-residents treated as taxable income of the transferor under anti-avoidance principle. Where a transfer of assets, alone or with associated operations, causes income to become payable to a non-resident, any person who acquires rights enabling them to enjoy that income is deemed to have that income as their own for all purposes of the Act; this deeming also applies where a capital sum connected to the transfer is received. The deeming ceases to apply to income subsequently received, and the person can avoid deeming by satisfying the Assessing Officer that the transfer and associated operations were not for tax avoidance or were bona fide commercial transactions. Definitions clarify assets, associated operations, benefit, and circumstances constituting power to enjoy income.
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.
Transfer causing income to flow to non-residents treated as taxable income of the transferor under anti-avoidance principle.
Where a transfer of assets, alone or with associated operations, causes income to become payable to a non-resident, any person who acquires rights enabling them to enjoy that income is deemed to have that income as their own for all purposes of the Act; this deeming also applies where a capital sum connected to the transfer is received. The deeming ceases to apply to income subsequently received, and the person can avoid deeming by satisfying the Assessing Officer that the transfer and associated operations were not for tax avoidance or were bona fide commercial transactions. Definitions clarify assets, associated operations, benefit, and circumstances constituting power to enjoy income.
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