Introducing the “In Favour Of” filter in Case Laws.
- ⚖️ Instantly identify judgments decided in favour of the Assessee, Revenue, or Appellant
- 🔍 Narrow down results with higher precision
Try it now in Case Laws →
TaxTMI Login
🚀 New Feature Launched ✕
Just a moment...
Introducing the “In Favour Of” filter in Case Laws.
Try it now in Case Laws →
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Highlights
of of All Highlights
Note
Bookmark
Share
Don't have an account? Register Here
of From the plain reading of section 167B, the taxability of an AOP is based on whether the members' shares are determinate or indeterminate. When indeterminate, tax is charged at the Maximum Marginal Rate (MMR) or higher if a member's income is taxable at a higher rate than MMR. MMR is the highest income tax rate applicable to individuals, AOPs or BOIs. In this case, the AOP stated members' shares as determinate (TPL 99.99%, Chint 0.01%) in its ITR. TPL is a domestic company taxable at MMR (30%), while Chint, a foreign company, is taxable at a higher rate (40%). The Tribunal opined that Chint's share (0.01%) should be taxed at 40% plus surcharges/cesses, and TPL's share (99.99%) at 30% plus surcharges/cesses. The interest levied u/ss 234A, 234B and 234C was upheld. The Tribunal's decision was based on the precedent of Herve Pomerleau International CCCL Joint Venture.
TaxTMI 
TaxTMI 
