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)
Exclusion from tonnage tax scheme: companies in specified arrangements may be removed unless transaction is bona fide commercial. An Assessing Officer shall exclude a tonnage tax company from the tonnage tax scheme by written order if it is party to the specified transaction, after serving a show cause notice and obtaining prior approval of the Principal Chief Commissioner or Chief Commissioner; exclusion does not apply where the company proves the transaction was a bona fide commercial transaction not intended to obtain tax advantage, and exclusion causes the option to cease from the first day of the previous year in which the transaction occurred.
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.
Exclusion from tonnage tax scheme: companies in specified arrangements may be removed unless transaction is bona fide commercial.
An Assessing Officer shall exclude a tonnage tax company from the tonnage tax scheme by written order if it is party to the specified transaction, after serving a show cause notice and obtaining prior approval of the Principal Chief Commissioner or Chief Commissioner; exclusion does not apply where the company proves the transaction was a bona fide commercial transaction not intended to obtain tax advantage, and exclusion causes the option to cease from the first day of the previous year in which the transaction occurred.
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