Foreign company residency triggers domestic tax provisions, recomputation on noncompliance, and application to subsequent years. Where a foreign company is said to be a resident in India and not previously resident, the Act's domestic tax provisions shall apply for such tax years subject to Central Government notification specifying exceptions, modifications and adaptations. The notification governs application to computation of total income, unabsorbed depreciation, set off and carry forward of losses, collection and recovery, and anti avoidance measures; failure to comply with notification conditions will render benefits wrongly allowed and permit recomputation of income as if the exceptions did not apply.
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 residency triggers domestic tax provisions, recomputation on noncompliance, and application to subsequent years.
Where a foreign company is said to be a resident in India and not previously resident, the Act's domestic tax provisions shall apply for such tax years subject to Central Government notification specifying exceptions, modifications and adaptations. The notification governs application to computation of total income, unabsorbed depreciation, set off and carry forward of losses, collection and recovery, and anti avoidance measures; failure to comply with notification conditions will render benefits wrongly allowed and permit recomputation of income as if the exceptions did not apply.
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